
Glass 'S^U^^b 
Book 'Jku 



COMPILATION OF LAWS, 

REGULATIONS AND DECISIONS THEREUNDER, 



RELATING TO THE 



ESTARIJSHMENT OF 

FEDERAL FOREST RESERVES, 



UNDER SECTION 24 OF THE A(!T OF MARCH \ 18{)1 
(26 STAT., 1095), 



ADMINISTRATION THEREOF. 



APPROVED BY THE SECRETARY OF THE INTERIOR, OCTOBER 3, 1903.' 



Department of the Interior, General Land Office. 



WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 

1903. 



COMPILATION OF LAWS, 

AND 

REGULATIONS AND DECISIONS THEREUNDEII, 

RELATING TO THE 

ESTABLISHMENT OF 

FEDERAL FOREST RESERVES, 



UNDER SECTION 24 OF THE ACT OF MARCH 3, 1891 
(26 STAT., 1095), 

AND THE 

ADMINISTRATION THEREOF. 



APPROVED BY THE SECRETARY OF THE INTERIOR, OCTOBER 3, 1903. 



Department of the Interior, General Land Office. 



WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 

1 903. 



^Dfr 






D- OF 0- „ 
)lll 23 ^908 



Department of the Interior, 

General, Land Office, 
Washington, I). (7., October 3^ 190S. 
The following revised compilation of laws and regulations, and deci- 
sions thereunder, relating to the establishment of Federal forest reserves 
under section 24 of the act of March 3, 1891 (26 Stat, 1095), and the 
administration thereof, is issued for the information of those concerned. 

J. H. Fimple, 

Acting Commissioner. 
Approved, October 3, 1903. 

Thos. Kyan, Acting Secretary. 

3 



SYNOPSIS OF LAWS RELATING TO FEDERAL FOREST RESERVES, 
ESTABLISHED UNDER ACT OF MARCH 3, LS91 (2() STAT., 101)5). 



GENERAL LAWS. 

Act of March 3, 1891 (26 Stat., 1095): 

Section 24 thereof authorizes the President of the United States to 
establish public forest reserves. 
Act of June 4, 189T (30 Stat., 34-36): 

Provides for the administration of forest reserves established under 
section 24 of the act of March 3, 1891 (26 Stat., 1095). 
Act of February 28, 1899 (30 Stat., 908): 

Authorizes the Secretary of the Interior to rent or lease suitable 
spaces and portions of ground near or adjacent to mineral, 
medicinal, or other springs within public forest reserves. 
Act of March 3, 1899 (30 Stat., 1095), "Sundry Civil;" Act of 
February 9, 1900 (31 Stat, 21), "Urgent Deficiency;" Act of 
June 6, 1900 (31 Stat., 614), "Sundry Civil;" Act of March 3, 
1901 (31 Stat, 1037), "Deficiency;" Act of March 3, 1901 (31 Stat, 
1158), "Sundry Civil;" Act of June 28, 1902 (32 Stat, 452), "Sun- 
dry Civil;" and Act of March 3, 1903 (32 Stat, 1115), "Sundry 
Civil," contain the following provision: 

Provided further^ That forest agents, superintendents, supervis- 
ors, and all other persons employed in connection with the 
administration and protection of forest reservations shall, in 
all ways that are practicable, aid in the enforcement of the 
laws of the State or Territory in which said forest reservation 
is situated in relation to the protection of fish and game. 
Act of March 3, 1899 (30 Stat, 1097), "Sundry Civil:" 

Provides "that hereafter all standard, meander, township, and 
section lines of the public-land surveys shall, as heretofore, 
be established under the direction and supervision of the 
Commissioner of the General Land Ofiice, whether the lands 
to be surveyed are within or without reservations, except 
that where the exterior boundaries of public forest reserva- 
tions are required to be coincident with standard, township, 

5 



6 Synopsis of Laws. 

or section lines such boundaries may, if not previously estab- 
lished in the ordinary course of the public-land surveys, be 
established and marked under the supervision of the Director 
of the United States Geological Survey whenever necessary 
to complete the survey of such exterior boundaries." 

Act of March 3, 1899 (30 Stat., 1233), "Deficiency:" 

Provides "that in the form provided by existing- law the Secre- 
tary of the Interior may file and approve surveys and plats 
of any right of way for a wagon road, railroad, or other high- 
way over and across any forest reservation or reservoir site 
when, in his judgment, the public interests will not be injuri- 
ously afi'ected thereby." 

Act of May 5, 1900 (31 Stat., 169): 

Amends act of February 24, 1897 (29 Stat., 594), entitled "An act 
to prevent forest fires on the public domain." 

Act of June 6, 1900 (31 Stat., 614), "Sundry Civil," and Act of 
March 3, 1901 (31 Stat., 1037), "Deficiency:" 

Provide "That all selections of land made in lieu of a tract 
covered by an unperfected bona fide claim, or by a patent, 
included within a public forest reservation, as provided in 
the act of June fourth, eighteen hundred and ninety-seven, 
entitled 'An act making appropriations for sundry civil 
expenses of the Government for the fiscal year ending June 
thirtieth, eighteen hundred and ninety-eight, and for other 
purposes,' shall be confined to vacant surveyed nonmineral 
public lands which are subject to homestead entry not exceed- 
ing in area the tract covered by such claim or patent: P7'o- 
vided^ That nothing herein contained shall be construed to 
affect the rights of those who, previous to October first, nine- 
teen hundred, shall have delivered to the United States deeds 
for lands within forest reservations and make application for 
specific tracts of lands in lieu thereof." 

Act of June 6, 1900 (31 Stat., 661): 

Amends certain provisions in the act of June 4, 1897 (30 Stat., 35), 
respecting sale of forest reserve timber. 

Act of February 15, 1901 (31 Stat., 790): 

Authorizes and empowers the Secretary of the Interior to permit, 
under certain restrictions and conditions, "the use of rights 
of way through the public lands, forest and other reserva- 
tions of the United States, and the Yosemite, Sequoia, and 
General Grant national parks, California, for electrical plants, 
poles, and lines for the generation and distribution of elec- 
trical power, and for telephone and telegraph purposes, and 
for canals, ditches, pipes and pipe lines, flumes, tunnels, or 



Synopsis of Laws. 7 

other water conduits, and for water plants, dams, and reser- 
voirs used to promote irrigation or mining- or ((uarrying or 
the manufacturing or cutting of timber or lumber, or the 
supplying of water for domestic, public, or any other benefi- 
cial uses." 
Act of April 15, 1902 (32 Stat., 106): 

Provides for the relief, within two years from the passage of the 
act, of bona fide settlers within forest reservations created 
under section 24 of the act of March 3, 1891 (26 Stat., 1095), 
who have, through ignorance or some unavoidable cause, 
failed to place their claims of record within the statutory 
period. 

LOCAL LAWS. 

Act of February 20, 1896 (29 Stat., 11): 

Opening certain forest reservations in the State of Colorado for 
the location of mining claims, etc. 
Act of May 18, 1898 (30 Stat., 418): 

Grants the Santa Fe and Grand Canyon Railroad Company right 
of way through the Grand Canyon Forest Reserve in Arizona. 
Act of June 27, 1898 (30 Stat., 493): 

Grants the Cripple Creek District Railway Company right of way 
through the Pikes Peak Timber Land Reserve in Colorado, 
and also over certain public lands outside of the reserve. 
Act of July 8, 1898 (30 Stat., Y29): 

Grants the Cripple Creek Short Line Railway Company right of 
way through the Pikes Peak Timber Land Reserve in Colo- 
rado, and also over certain public lands outside of the reserve. 
Act of January 10, 1899 (30 Stat., 783): 

Grants the Saginaw Southern Railroad Company right of way 
through the San Francisco Mountains Forest Reserves in 
Arizona, and also over certain public lands outside of the 
reserves. 
Act of February 28, 1899 (30 Stat., 910): 

Grants to the Pasadena and Mount Wilson Railway Company right 
of way through the San Gabriel Forest Reserve in California; 
and also authorizes the Secretary of the Interior to sell to the 
said railway compan}^, its successors and assigns, certain tracts 
of land along said right of way for stations, hotels, astronom- 
ical observatories, etc. 
Act of June 6, 1900 (31 Stat, 657): 

Grants to the town of Flagstaff, Ariz., right of way over certain 
lands in the San Francisco Mountains Forest Reserves in 
Arizona for a pipe line to be used in the conveyance of water. 



8 Synopsis of Laws. 

Act of Maech 3, 1899 (30 Stat., 1095): 

Makes provision respecting special homestead privileges for cer- 
tain settlers in the Black Hills Forest Reserve, in the State of 
South Dakota. 
Act of February 25, 1903 (32 Stat., 907): 

Grants the Central Arizona Railway Company right of way 
through the San Francisco Mountains Forest Reserve under 
certain specified conditions. 



COMPILATION OF LAWS, AND REGULATIONS AND DECISIONS 
THEREUNDER, RELATING TO THE ESTABLISHMENT OF FED- 
ERAL FOREST RESERVES UNDER THE ACT OF MARCH 3, 1891 
(26 STAT., 1095). AND THE ADMINISTRATION THEREOF. 



GENERAL LAWS. 
ESTABLISHMENT OF FEDERAL FOREST RESERVES. 

Section 24 of the act of March 3, 1891 (26 Stat., 1095), confers upon 
the President of the United States authority to set apart lands in the 
public-land States and Territories for forest-reserve purposes. It 
reads as follows: 

[Act of March 3, 1891 (26 Stat., 1095).] 
Chap. 561. — AN ACT to repeal timber-culture laws, and for other purposes. 

Be it enactedhy the Senate and Hcntse of Representatives of the United 
States of America in Congress assemhled^ 

******* 

Sec. 21. That the President of the United States may, from time to 
time, set apart and reserve, in any State or Territory having public 
land bearing forests, in any part of the public lands wholly or in part 
covered with timber or undergrowth, whether of commercial value or 
not, as public reservations, and the President shall, by public procla- 
mation, declare the establishment of such reservations and the limits 

thereof. 

******* 

ADMINISTRATION OF FOREST RESERVES. 

Provision for the administration of forest reserves established under 
section 24 of the said act of March 3, 1891, is made in the act of June 
1, 189T (30 Stat., 31-36), as follows: 

[Act of June 4, 1897 (30 Stat., 34-36).] 

Chap. 2. — AN ACT making appropriations for sundry civil expenses of the Govern- 
ment for the fiscal year ending June thirtieth, eighteen hundred and ninety-eight, 
and for other purposes. 

Be it enacted hy the Senate and House of Representatives Appropriation.': 

n y TT • T ci j> A • ' /-y 777 ^'^^ sundiy clvil 

oj the United states of America in Congress assembled^ expenses. 
That the following sums be, and the same are hereby, 
appropriated, for the objects hereinafter expressed, for 



10 Act of June 4, 1897 {30 Stat., 34,-36). 

the fiscal year ending- June thirtieth, eighteen hundred 
and ninety-eight, namely : 



serves 



Forest re- YoY the survev of the public lands that have been or 

rves. *' *■ 

Survey of. j^^y hereafter be designated as forest reserves by Execu- 
tive proclamation, under section twenty-four of the act 
of Congress approved March third, eighteen hundred and 

Vol. 26, p. 1103. ninety-one, entitled "An act to repeal timber-culture 
laws, and for other purposes," and including public lands 
adjacent thereto, which may be designated for survey by 
the Secretary of the Interior, one hundred and fifty thou- 

provisos. sand dollars, to be immediately available: Provided. That, 

President may ' "^ . . . , 

revoke, etc.. Ex- to rcmove anv doubt which may exist pertammg to the 

ecutive orders. ;' '' i-r»-ni>i 

authority of the President thereunto, the President of the 
United States is hereby authorized and empowered to re- 
voke, modify, or suspend any and all such Executive 
orders and proclamations, or any part thereof, from time 
to time as he shall deem best for the public interests: 
Proclamations Provided. That the Executive orders and proclamations 

of February 22, ' i • i i i i i 

1897, suspended, dated February twenty -second, eighteen hundred and 

Vol.29, p. 895, ninety -seven, setting apart and reserving certain lands in 

the States of Wyoming, Utah, Montana, Washington, 

Idaho, and South Dakota as forest reservations, be, and 

they are hereby, suspended, and the lands embraced 

therein restored to the public domain the same as though 

Lands undis- said ordcrs and proclamations had not been issued: Pro- 

March 1, 1S9S, vided further, That lands embraced in such reservations 

proclamations, not otherwise disposed of before March first, eighteen 

hundred and ninety-eight, shall again become subject to 

the operations of said orders and proclamations as now 

existing or hereafter modified by the President. 

Surveys to be The surveys herein provided for shall be made, under 

made by Direct- .•; it-»' ci/^i-io 

or of Geological the supci'vision ot the Director of the Geological Survey, 
by such person or persons as may be employed by or under 
him for that purpose, and shall be executed under instruc- 
tions issued by the Secretary of the Interior; and if sub- 
division surveys shall be found to be necessary, they shall 
be executed under the rectangular system, as now pro- 
piats and field vided by law. The plats and field notes prepared shall be 
approved and certified to by the Director of the Geological 
Survey, and two copies of the field notes shall be returned, 
one for the files in the United States surveyor-generaPs 
oflice of the State in which the reserve is situated, the 
other in the General Land Ofiice; and twenty photolitho- 
graphic copies of the plats shall be returned, one copy for 
the tiles in the United States surveyor-general's oflice of 



Act of June ^, 1897 {30 Stat., 3^-36). 11 

the State in which the reserve is situated; the original plat 
and the other copies shall be tiled in the General Land 
Office, and shall have the facsimile signature of the Direc- 
tor of the Survey attached. 

Such surveys, field notes, and plats thus returned shall ^^^^j'"''® ^^^ 
have the same legal force and effect as heretofore given 
the surveys, field notes, and plats returned through the 
surveyors-general; and such surveys, which include sub- 
division surveys under the rectangular system, shall be 
approved by the Commissioner of the General Land Office 
as in other cases, and properly certified copies thereof 
shall be filed in the respective land offices of the districts 
in which such lands are situated, as in other cases. All jg^J^^^o^^i^'^^^t 
laws inconsistent with the provisions hereof are hereby 
declared inoperative as respects such survey: Provided, Proviso, 
however, That a copy of every topographic map and other Maps, 
maps showing the distribution of the forests, together 
with such field notes as may be taken relating thereto, 
shall be certified thereto by the Director of the Survey 
and tiled in the General Land Office. 

All public lands heretofore designated and reserved by 
the President of the United States under the provisions 
of the act approved March third, eighteen hundred and voi. 26, p. 1095. 
ninety-one, the orders for which shall be and remain in 
full force and effect, unsuspended and unrevoked, and all 
public lands that may hereafter be set aside and reserved 
as public forest reserves under said act, shall be as far as 
practicable controlled and administered in accordance with 
the following provisions: 

No public forest reservation shall be established, except Forest reserva- 
to improve and protect the forest within the reservation, established. 
or for the purpose of securing favorable conditions of 
water flows, and to furnish a continuous supply of timber 
for the use and necessities of citizens of the United States; 
but it is not the purpose or intent of these provisions, or 
of the act providing for such reservations, to authorize the 
inclusion therein of lands more valuable for the mineral 
therein, or for agricultural purposes, than for forest pur- 
poses. 

The Secretary of the Interior shall make provisions for Provisions for 
the protection against destruction by fire and depredations against fire, etc. 
upon the public forests and forest reservations which may 
have been set aside or which may be hereafter set aside 
under the said act of March third, eighteen hundred and 
ninety-one, and which may be continued; and he may 
make such rules and regulations and establish such serv- uiatioifs.'^" ^^^' 



12 Act of June ^, 1891 {30 Stat., 34.-36). 

ice as will insure the objects of such reservations, namely, 
to regulate their occupancy and use and to preserve the 
forests thereon from destruction; and any violation of 
the provisions of this act or such rules and regulations 

voL^25%.i6c. shall be punished as is provided for in the act of June 
p.io^'.' ^^^' ^^^^' fourth, eighteen hundred and eighty-eight, amending sec- 
tion iifty-three hundred and eighty-eight of the Revised 
Statutes of the United States. 

Appraisal and For the purpose of preserving the living and growing 
sale of dead, etc. ^-j^l^gj. ,^^^^^ promoting the youugcr growth on forest res- 
ervations, the Secretary of the Interior, under such rules 
and regulations as he shall prescribe, may cause to be 
designated and appraised so much of the dead, matured, 
or large growth of trees found upon such forest reserva- 
tions as may be compatible with the utilization of the 
forests thereon, and may sell the same for not less than 
the appraised value in such quantities to each purchaser 
as he shall prescribe, to be used in the State or Territory 
in which such timber reservation may be situated, respec- 

Notiee of sale, tivcly, but not for export therefrom. Before such sale 
shall take place, notice thereof shall be given by the Com- 
missioner of the General Land Office, for not less than 
sixty days, by publication in a newspaper of general cir- 
culation, published in the county in which the timber is 
situated, if any is therein published, and if not, then in 
a newspaper of general circulation published nearest to 
the reservation, and also in a newspaper of general circu- 
lation published at the capital of the State or Territory 

Payments, where such reservation exists: payments for such timber 

how made. i m 

to be made to the receiver of the local land office of the 
district wherein said timber may be sold, under such rules 
and regulations as the Secretary of the Interior ma}^ pre- 
scribe; and the moneys arising therefrom shall be ac- 
counted for by the receiver of such land office to the 
Commissioner of the General Land Office, in a separate 
Cutting a n d a(3(30|jjjf ^ud shall be covcrcd into the Treasury. Such 

removal. ^ _ ^ ^ 

timber, before being sold, shall be marked and designated, 
and shall be cut and removed under the supervision of 
some person appointed for that purpose by the Secretary 
of the Interior, not interested in the purchase or removal 
of such timber nor in the employment of the purchaser 
thereof. Such supervisor shall make report in writing to 
the Commissioner of the General Land Office and to the 
receiver in the land office in which such reservation shall 
be located of his doings in the premises. 



Act of June ^, 1891 {30 Stat. , 21^-36). 13 

The Secretary of the Interior may permit, under rcgu- ^.^^se^^^ umber, 
hitions to be prescribed by him, the use of tim})cr and^^^- 
stone found upon such reservations, free of charge, by 
bona tide settlers, miners, residents, and prospectors for 
minerals, for firewood, fencing, buildings, mining, pros- 
pecting, and other domestic purposes, as may be needed 
by such persons for such purposes; such timber to be 
used within the State or Territory, respectively, where 
such reservations may be located. 

Nothing herein shall be construed as prohibiting the ^ Egress and^in^ 
egress or ingress of actual settlers residing within the wuwn ^^reserva- 
boundaries of such reservations, or from crossing the same 
to and from their property or homes; and such wagon 
roads and other improvements may be constructed thereon 
as ma}' be necessary to reach their homes and to utilize 
their property under such rules and regulations as may 
be prescribed by the Secretarj^ of the Interior. Nor shall 
anything herein prohilnt any person from entering upon 
such forest reservations for all proper and lawful pur- 
poses, including that of prospecting, locating, and devel-gjP''*'*P^*'''°^' 
oping the mineral resources thereof : Provided.^ That such Proviso. 
persons comply with the rules and regulations covering ^f^o^P^y^'^ce 
such forest reservations. 

That in cases in which a tract covered by an unper- selection of 

..*,,,. 1 . land in lieu of 

fected bona fide clami or by a patent is included within relinquished 
the limits of a public forest reservation, the settler or 
owner thereof may, if he desires to do so, relinquish the 
tract to the Government, and may select in lieu thereof a 
tract of vacant land open to settlement not exceeding in 
area the tract covered by his claim or patent; and no 
charge shall be made in such cases for making the entry 
of record or issuing the patent to cover the tract selected: 
Provided further., That in cases of unperfected claims the unpe^rfected 
requirements of the laws respecting settlement, residence, ^'*^^°^^- 
improvements, and so forth, are complied with on the new 
claims, credit being allowed for the time spent on the re- 
linquished claims. 

The settlers residing within the exterior boundaries of schools and 

cnurcliGS. 

such forest reservations, or in the vicinity thereof, may 
maintain schools and churches within such reservation, 
and for that purpose may occupy any part of the said 
forest reservation, not exceeding two acres for each school- 
house and one acre for a church. 

The jurisdiction, both civil and criminal, over persons ^^.P^j^l^} iu'rTs*^- 
within such reservations shall not be affected or changed *^i''^^°'^- 
by reason of the existence of such reservations, except so 



14 Act of June J/, 1897 {30 Stat.^ 3If.-36) — Eegulatmis thereunder. 

far as the punishment of offenses against the United 
States therein is concerned; the intent and meaning of 
this provision being that the State wherein any such reser- 
vation is .situated shall not, by reason of the establish- 
ment thereof, lose its jurisdiction, nor the inhabitants 
thereof their rights and privileges as citizens, or be 
absolved from their duties as citizens of the State. 

Waters. All waters on such reservations may be used for domes- 

tic, mining, milling, or irrigation purposes, under the laws 
of the State wherein such forest reservations are situated, 
or under the laws of the United States and the rules and 
regulations established thereunder. 

Restoration Upon the recommendation of the Secretary of the Inte- 

of mineral or ... . i <. i t-» • i « . 

agricultural nor. With tlic approval of the rresident, after sixty davs 

lands to public . , ,. i t i i • . i • i 

domain. iiotice thereof, published in two papers of general circula- 

tion in the State or Territor^^ wherein any forest reserva- 
tion is situated, and near the said reservation, an}' public 
lands embraced within the limits of any forest reservation 
which, after due examination by personal inspection of a 
competent person appointed for that purpose by the Sec- 
retary of the Interior, shall be found better adapted for 
mining or for agricultural purposes than for forest usage, 
may be restored to the public domain. And any mineral 
lands in any forest reservation which have been or which 
may be shown to be such, and subject to entry under the 
existing mining laws of the United States and the rules 
and regulations applying thereto, shall continue to be 
subject to such location and entry, notwithstanding any 
provisions herein contained. 
President may xiie President is hereby authorized at any time to 

modify any Ex- -^ -' 

ecutive order, modify any Executive order that has been or may here- 
after be made establishing any forest reserve, and by such 
modification may reduce the area or change the boundary 
lines of such reserve, or may vacate altogether any order 

creating such reserve. 

* * * * x- * * 

Regulations Governing Forest Reserves under the Act or 
June 4, 1897. (30 Stat., 34-36.) 

[Circular.] 

Department of the Interior, 

General Land Office, 
Washington^ D. C. , April 4', 1900. 
1. Under the authority vested in the Secretary of the Interior by 
the act of Congress, approved June 4, 1897, entitled ''An act making 



Object of Forest Reservation — Penalties — Fines. 15 

appropriations for sundry civil expenses of tlic Government for the 
fiscal year ending June thirtieth, eighteen hundred and ninety-eight, 
and for other purposes," to make such rules and regulations and estab- 
lish such service as will insure the objects for which forest reserva- 
tions are created under section 2-1 of the act of March 3, 1891 (26 
Stat., 1095), the following rules and regulations are hereby prescribed 
and promulgated: 

OBJECT OF FOREST RESERVATION. 

2. Public forest reservations are established to protect and improve 
the forests for the purpose of securing a permanent supply of timber 
for the people and insuring conditions favorable to continuous water 
flow. 

3. It is the intention to exclude from these reservations, as far as 
possible, lands that are more valuable for the mineral therein, or for 
agriculture, than for forest purposes; and where such lands are 
embraced within the boundaries of a reservation, they may be restored 
to settlement, location, and entry. 

PENALTIES FOR VIOLATION OF LAW AND REGULATIONS. 

4. The law under which these regulations are made provides that 
any violation of the provisions thereof, or of any rules and regulations 
thereunder, shall be punished as is provided for in the act of tTune 4, 
1888 (25 Stat., 166), amending section 5388 of the Revised Statutes, 
which reads as follows: 

That section fifty-three hundred and eighty-eight of the Revised Statutes of the 
United States be amended so as to read as follows: " Every person who unlawfully 
cuts, or aids, or is employed in unlawfully cutting, or wantoidy destroys or pro- 
cures to be wantonly destroyed, any timber standing upon the land of the United 
States which, in pursuance of law, may be reserved or purchased for military or 
other purposes, or upon any Indian reservation, or lands belonging to or occupied 
by any tribe of Indians under authority of the United States, shall pay a fine of 
not more than five hundred dollars or be imprisoned not more than twelve months, 
or both, in the discretion of the court." 

This provision is additional to the penalties now existing in respect 
to punishment for depredations on the public timber. The Govern- 
ment has, also, all the common-law civil remedies, whether for the 
prevention or redress of injuries, which individuals possess. 

5. The act of February 21, 1897 (29 Stat., 594), entitled "An act to 
prevent forest fires on the public domain," provides^ — 

******* 

Large areas of the public forests are annually destroyed by fire, 
originating in many instances through the carelessness of prospect- 
ors, campers, hunters, sheep herders, and others, while in some cases 

«In place of the act of February 24, 1897 (29 Stat., 594), see (on p. 85) the 
amending act of May 5, 1900 (31 Stat., 169). 



16 Jurisdiction — Public and Private Uses — Roads. 

the fires are started with malicious intent. So great is the impor- 
tance of protecting forests from lire that this Department will make 
special effort for the enforcement of the law against all persons guilty 
of starting or causing the spread of forest fires in the reservations in 
violation of the above provisions. 

6. The law of June 4, 1897, for forest reserve regulations also pro- 
vides that — 

The jurisdiction, both civil and criminal, over persons within such reservations 
shall not be affected or changed by reason of the existence of such reservations, 
except so far as the punishment of offenses against the United States therein is 
concerned; the intent and meaning of this provision being that the State wherein 
any such reservation is situated shall not, by reason of the establishment thereof, 
lose its jurisdiction, nor the inhabitants thereof their rights and privileges as citi- 
zens, or be absolved from their duties as citizens of the State. 

PUBLIC AND PRIVATE USES. 

7. It is further provided that — 

Nothing herein shall be construed as prohibiting the egress or ingress of actual 
settlers residing within the boundaries of such reservations, or from crossing the 
same to and from their property or homes; and such wagon roads and other improve- 
ments may be constructed thereon as may be necessary to reach their homes and to 
utilize their property under such rules and regulations as may be prescribed by the 
Secretary of the Interior. Nor shall anything herein prohibit any person from 
entering upon such forest reservations for all proper and lawful purposes, including 
that of prospecting, locating, and developing the mineral resources thereof: Provided, 
That such persons comply with the rules and regulations covering such forest reser- 
vations. 

The settlers residing within the exterior boundaries of such forest reservations 
or in the vicinity thereof, may maintain schools and churches within such reserva- 
tion, and for that purpose may occupy any part of the said forest reservation, not 
exceeding two acres for each schoolhouse and one acre for a church. 

All waters on such reservations may be used for domestic, mining, milling, or 
irrigation purposes, under the laws of the State wherein such forest reservations are 
situated, or under the laws of the United States and the rules and regulations estab- 
lished thereunder. 

8. The public in entering, crossing, and occupying the reserves, for 
the purposes enumerated in the law, are subject to a strict compliance 
with the rules and regulations governing the reserves. 

9. Private wagon roads and county roads maj^ be constructed over 
the public lands in the reserves wherever they may be found necessary 
or useful, but no rights shall be acquired in said roads running over 
the public lands as against the United States. Before public timber, 
stone, or other material can be taken for the construction of such 
roads, permission must first be obtained from the Secretary of the 
Interior. The application for such privilege should describe the loca- 
tion and direction of the road, its length and width, the probable 
quantity of material required, the location of such material, and its 
estimated value. 



ScJwols and Churches — I^astiirhu/ — Clalins — Mineral Lan<h. ]7 

10. The penni.s.sion to occupy public lauds \\\ the reserves for school- 
houses and chur(;hes, as provided for in the law, is merely a privilege, 
and is subject to any future disposition that may ])e made of such 
tracts })y the United States. 

11. The right of way in and across forest reservations for irrigating 
canals, ditches, flumes and pipes, reservoirs, electric-power purposes, 
and for pipe lines will be subject to existing laws and regulations; and 
the applicant or applicants for such right will be required, if deemed 
advisable l)y the Commissioner of the General Land Office, to give bond 
in a satisfactory surety company to the Government of the United 
States, to be approved by him, such bond stipulating that the makers 
thereof will pay to the United States for any and all damage to the 
public lands, timber, natural curiosities, or other public property on 
such reservation or upon the lands of the United States, by reason of 
such use and occupation of the reserve, regardless of the cause or cir- 
cumstances under which such damage may occur. 

12. Under the term "to regulate their occupancy and use" the 
Secretary of the Interior is authorized to grant such licenses and 
privileges, from time to time, as may seem to him proper and not 
inconsistent with the objects of the reservations nor incompatible 
with the public interests. 



PASTURING OF LIVE STOCK." 

* * * 

RELINQUISHMENT OF CLAIMS.* 

* * * 



13. * 
14. 

-|K* * * * -X- * * 

-1/1* * * * * * * 

-|Y* "* * * * * * 

-|Q* * * * * * * 

LOCATION AND ENTRY OF MINERAL LANDS. 

19. The law provides that " any mineral lands in any forest reserva- 
tion which have been or which may be shown to be such, and subject 
to entry under the existing mining laws of the United States and the 
rules and regulations applying thereto, shall continue to be subject to 

« In place of paragraph 13 see circular of December 23, 1901, on page 61. 

6 For the amendhig acts of June 6, 1900 (31 Stat., 614), and March 3, 1901 (31 
Stat., 1037), see under the heading " Exchange of relinquished claims and private 
holdings within forest reserves for outside tracts," on page 22; and in place of para- 
graphs 14, 15, 16, 17, and 18 see circular of July 7, 1902, on page 23. 

8327—03 2 



1 8 Mineral Lands — Free Use of Tiniber and Stone — Sale of Tiniber. 

such location and entry," notwithstanding the reservation. This 
makes mineral lands in the forest reserves subject to location and 
entry under the general mining laws in the usual manner. 

20. Owners of valid mining locations made and held in good faith 
under the mining laws of the United States and the regulations there- 
under are authorized and permitted to fell and remove from such 
mining claims any timber growing thereon for actual mining pur- 
poses in connection with the particular claim from which the timber 
is felled or removed. (For further use of timber by miners see below, 
under heading " Free use of timber and stone.") 

FREE USE OF TIMBER AND STONE.'* 
9]^* * * **** 

SALE OF TIMBER.* 

22. The following provision is made for the sale of timber within 
forest reservations in limited quantities: 

For the purpose of preserving the living and growing timber and promoting the 
younger growth on forest reservations, the Secretary of the Interior, under such 
rules and regulations as he shall prescribe, may cause to be designated and appraised 
so much of the dead, matured, or large growth of trees found upon such forest 
reservation as may be compatible with the utilization of the forests thereon, and 
may sell the same for not less than the appraised value in such quantities to each 
purchaser as he shall prescribe, to be used in the State or Territory in which such 
timber reservation may be situated, respectively, but not for export therefrom. 
Before such sale shall take place, notice thereof shall be given by the Commissioner 
of the General Land Office, for not less than sixty days, by publication in a news- 
paper of general circulation, published in the county in which the timber is situ- 
ated, if any is therein published, and if not, then in a newspajjer of general circu- 
lation published nearest to the reservation, and also in a newspaper of general 
circulation published at the capital of the State or Territory where such reservation 
exists; payments for such timber to be made to the receiver of the local land office 
of the district wherein said timber may be sold, under such rules and regulations as 
the Secretary of the Interior may prescribe; and the moneys arising therefrom shall 
be accounted for by the receiver of such land office to the Commissioner of the 
General Land Office, in a separate account, and shall be covered into the Treasury. 
Such timber, before being sold, shall be marked and designated, and shall be cut 
and removed under the supervision of some person appointed for that purpose by 
the Secretary of the Interior, not interested in the purchase or removal of such tim- 
ber nor in the employment of the purchaser thereof. Such supervisor shall make a 
report in writing to the Commissioner of the General Land Office and to the receiver 
in the land office in which such reservation shall be located of his doings in the 
premises. 

The sale of timber is optional, and the Secretary may exercise his 
discretion at all times as to the necessity or desiral)ility of any sale. 

23. While sales of timber may be directed by this Department with- 

« In place of paragraph 21 see circular of December 12, 1901, on page 39. 
''For modifications of the act of June 4, 1897, and of these regulations on the 
subject, see under the heading "Sale of timber," on page 44. 



Sale of Timher. 19 

out previous request from private individuals, petitions from respon- 
sible persons for the sale of "the dead, matured, or large growth of 
trees" in specified locations will be considered. Such petitions must 
describe the land upon which the timber stands by legal subdivisions, 
if surveyed; if unsurveyed, as definitely as possible by stating dis- 
tance and direction from the nearest surveyed land, and stating nat- 
ural landmarks; the character of the country, whether rough, steep 
or mountainous, agricultural or mineral, or valuable chiefly for its 
forest growth. If the petition calls for matured green timber, it nmst 
show on what evidence it is asserted that the trees have attained their 
full growth, and it must be further shown that their removal will tend 
to preserve and promote the life and growth of the younger trees. 

The desired timber should be described, as the case may be, accord- 
ing to the following classification: Standing green; down, not dead; 
standing dead; and down dead. If any of the desired timber be dead, 
state whether killed by windfall, fire, or other cause. If desired for saw 
timber, state the estimated quantity in feet, board measure, and value 
per thousand feet; state also the number of cords and value per cord 
of the tops and lops of the saw timber. If the entire amount of timber 
to be purchased is desired for cord wood, state the aggregate number 
of cords and value per cord. Of the live timber, state the difi'erent 
kinds and estimate the quantity of each kind in trees per acre. Esti- 
mate the average diameter of each kind of timber three feet above the 
ground, and estimate the number of trees of each kind per acre above 
the average diameter. State the number of trees of each kind above 
the average diameter it is desired to have offered for sale, with an 
estimate of the number of feet, board measure, therein, and value 
per thousand feet, and an estimate of the cord wood in the tops and 
lops thereof, and value per cord; or if the entire purchase is to be 
used for cord wood, state the aggregate number of cords and value 
per cord. These petitions must be filed with the supervisor in charge 
of the reservation, or portion of the reservation, wherein the timber is 
situated. Upon receipt of such an application the supervisor will 
attach thereto an indorsement recommending the allowance or dis- 
allowance of the application, stating the reasons on which his recom- 
mendation is based, and immediately forward to the superintendent 
in charge, who will promptly forward the application to this office 
with recommendation. 

Si. Upon receipt of an application to purchase timber as above, the 
Commissioner will cause further investigation to be made, if necessary, 
for the purpose of ascertaining all facts to enable intelligent action on 
the case. He will then transmit the application, with report and 
recommendation, to the Secretary of the Interior for action. 

25. When a sale is ordered the Commissioner will direct the publi- 
cation of notice in accordance with the law above quoted; and if the 
timber to be sold stands in more than one county, publication will be 



20 Sale of Timber. 

made in each of the counties, in addition to the required general pub- 
lication. The time and place of tiling bids and other information 
necessary to a correct understanding of the terms of each sale will 1)e 
given in the notices. Before any notice is published the applicant 
will be required to deposit with the receiver of the local land office a 
sum sufficient to cover the cost of publication. In the event of the 
depositor being the successful bidder this amount will be credited on 
the purchase price of the timber; but in case the timber is awarded 
to another the amount so deposited will be returned. If the appli- 
cant should fail to bid during the time fixed for filing bids, the deposit 
will be retained to pay the cost of advertising. 

26. After a body of timber has been advertised, as above, and no 
sale made, the timber, in whole or in part, ma^^, within one year there- 
after, be sold by the Commissioner of the General Land Office, at pri- 
vate sale, for not less than the appraised value, without further notice 
by publication, and all notices for publication will contain a statement 
to this effect. Persons desiring to purchase timber at private sale 
should file application with the supervisor in charge of the reserva- 
tion, or part of reservation, in which the timber is situated, stating 
the quantity of timber applied for, its location, the price offered, and 
the fact that the timber has already been advertised, giving the date 
of the advertisement. The supervisor will immediately forward such 
application, with report and recommendation, to the superintendent, 
who will promptly forward the application, with recommendation, to 
the Commissioner of the General Land Office. The Commissioner 
will examine the application and forward to the Department, with 
recommendation, for final action. The superintendent will be notified 
by the Commissioner of the action taken, and he will, in turn, notify 
the applicant and the proper supervisor. 

27. The timber will not be sold for less than the appraised value, 
and when a bid or an offer to purchase at private sale has been accepted, 
the purchaser will be notified to make payment therefor. Payment 
for all timber purchased must be made to the receiver of public moneys 
for the land district in which the timber is situated. In sales in excess 
of five hundred dollars in value, allotments, at a fixed price, may be 
made to several bidders to avoid monopoly. The right is reserved to 
reject any or all bids. A reasonable cash deposit, to be specified in 
the published notice, will be required to accompany each bid, and 
every applicant to purchase at private sale must deposit an amount 
equivalent to twenty per cent of the value of the timber applied for. 
These deposits must be made with the receiver of public moneys, and, 
if sale is made, the amount will be credited on the purchase price of the 
timber. If sale is not made, deposits will be returned. 

28. Within thirty days after notice to a bidder of an award of 
timber to him, payment must be made in full to the receiver for the 
timber so awarded, or equal payments therefor may be made in 



Sale of Timber. 21 

thirty, sixty, and ninety days from date of such notice, at the option of 
tlie purchaser. The purchaser must have in hand the receipt of the 
receiver for each payment before he will be allowed to cut, remove, or 
otherwise dispose of the timber covered by that payment. The timber 
must all be cut and removed within one year from the date of the 
notice by the receiver of the award; failing- to do so, the purchaser 
will forfeit his right to the timber left standing or unremoved and to 
his purchase money: Provided., That the limit of one year herein 
named maybe extended by the Secretary of the Interior, in his discre- 
tion, upon the recommendation of the Commissioner of the General 
Land Office, and upon good and sufficient reasons being shown therefor, 

29. Ample notice must be given by the purchaser, to the supervisor, 
of the proposed date of cutting and removal of the timber, in order 
that an officer ma}" be designated to superintend the cutting. Instruc- 
tions as to disposition of tops, brush, and refuse, to be given through 
the supervisors in each case, must be strictly complied with, as a con- 
dition of said cutting and manufacture. 

30. The act provides that the timber sold shall be used in the State 
or Territory in which the reservation is situated, and it is not to be 
exported therefrom. Where a reservation lies in more than one State 
or Territory, this requires that the timber shall be used in the State 
or Territory where cut. 

31. Receivers of public moneys will issue receipts in duplicate for 
moneys received in payment for timber, one of which will be given 
the purchaser, and the other will be transmitted to the Commissioner 
of the General Land Office in a special letter, reference being made 
to the letter from the Commissioner authorizing the sale, by date and 
initial, and with title of case as therein named. Receivers will deposit 
to the credit of the United States all such moneys received, specifying 
that the same are on account of sales of public timber on forest reser- 
vations under the act of June 4, 1897, A separate monthly account 
current (Form -±-105) and quarterl}^ condensed account (Form 4-104) 
will be made to the Commissioner of the General Land Office, with a 
statement in relation to the receipts under the act as above specified, 

32. Where timber has been appraised and advertised for sale and 
no satisfactory bid has been offered, a new appraisement and sale 
may be ordered after the lapse of one year, if, within that time, no 
application to purchase said timber at private sale, for not less than 
the appraised ^'alue, has been made, 

33. Special instructions will be issued for the guidance of officials 
designated to examine and appraise timber, to supervise its cutting 
and removal, and for carrjang out other requirements connected there- 
with. 

BiNGER Hermann, 

. J A -1 < -inr^rv Coinmissionev. 

Approved April 4, 1900. 

E. A. Hitchcock, Secretary. 



22 JRelinquishment of Claims, etc. 

EXCHANGE OF RELINQUISHED CLAIMS AND PRIVATE HOLDINGS 
WITHIN FOREST RESERVES FOR OUTSIDE TRACTS. 

I. Act of June 4, 1897 (30 Stat., 86)— see page 9. 

Exchange of tracts authorized by. 

II. Act of June 6, 1900 (31 Stat., 614). 

Amends the lieu-selection provisions in the act of June 1, 1897 
(30 Stat., 36). 

[Act of June C, 1900 (31 Stat., 614).] 

Chap. 791. — An act making appropriations for sundry civil expenses of the Gov- 
ernment for the fiscal year ending June thirtieth, nineteen hundred and one, and 
for other purposes. 

Be it enacted hy the Senate and House of Representatives 

of the United States of America in Congress assembled., 

fo^^sundr? cfvn That the following sums be, and the same are hereby, 

expenses. appropriated, for the objects hereinafter expressed, for 

the fiscal year ending June thirtieth, nineteen hundred 

and one, namely : 

•X- * -X- -X- -X- w * 

land^ln'^'ueu of "^^^^^ ^^ Selections of land made in lieu of a tract cov- 
tracts^covered^by ered by an unperf ected bona fide claim, or by a patent, 
bona flde claim, included within a public forest reservation, as provided 
in the act of June fourth, eighteen hundred and ninety- 
seven, entitled ' 'An act making appropriations for sundry 
civil expenses of the Government for the fiscal year end- 
ing June thirtieth, eighteen hundred and ninety-eight, and 
for other purposes," shall be confined to vacant surveyed 
nonmineral public lands which are subject to homestead 
entry not exceeding in area the tract covered by such 
-umitouime to daim or patent: Provided^ That nothing herein contained 
make selection. gj^^i| ^^^ construed to affcct the rights of those who, 
previous to October first, nineteen hundred, shall have 
delivered to the United States deeds for lands within for- 
est reservations and make application for specific tracts of 

lands in lieu thereof: 

******* 

III. Act of March 3, 1901 (31 Stat., 1037). 

Re-enacted the above provisions in the act of June 6, 1900 (31 
Stat., 614). 

[Act of March 3, 1901 (31 Stat., 1037).] 

Chap. 831. — An act making appropriations to supply deficiencies in the appropria- 
tions for the fiscal year ending June thirtieth, nineteen hundred and one, and for 
prior years, and for other purposes. 

Be it enacted hy the Senate and House of Representatives 

of the United States of America in Congress assembled., 

propriations. That the following sums be, and the same are hereby, 



Melinqtdshmerit of Gla'mis^ etc. 23 

appropriated out of any money in the Treasury not 
otherwise appropriated, to supply deficiencies in the ap- 
propriations for the fiscal year nineteen hundred and one, 
and for prior years, and for other objects hereinafter 

stated, namely: 

* * ***** 

That all selections of land made in lieu of a tract covered i>r(yvim. 
by an unperfected bona fide claim, or by a patent, included selections of 

.,, . 1 !• J? J. ;• • 1 1 e • - 1 land in lieu of 

witnin a public forest reservation, as provided tor in the tract covered by 

, n f n .1 'ij 1 11 -I ' , unperfected bona 

act of June fourth, eighteen hundred and ninety-seven, fide claim, etc. 
entitled "An act making appropriations for sundry civil 
expenses of the Government for the fiscal year ending 
June thirtieth, eighteen hundred and ninety-eight, and for 
other purposes," shall be confined to vacant surveyed non- 
mineral public lands which are subject to homestead entry 
not exceeding in area the tract covered by such claim or 
patent: Provided, That nothing herein contained shall be 
construed to affect the rights of those who, previous to 
October first, nineteen hundred, shall have delivered 
to the United States deeds for lands within forest reser- 
vations and make application for specific tracts of land in 
lieu thereof. 



IV. Regulations Governing Exchange of Relinquished Claims 
AND Private Holdings within Forest Reserves for Outside 
Tracts. 

Are contained in circular of instructions issued July 7, 1902 (see 
below), and in decisions published in "Decisions of the 
Department of the Interior relating to public lands." 

[Circular.] 

Instructions Relative to Forest-Reserve Lieu Lands Selections. 

[.\cts June 4, 1897 (30 Stat., 36), and June 6, 1900 (31 Stat., 614).] 

Department of the Interior, 

General Land Office, 
Washington, D. C, July 7, 190'2. 
Registers and Receivers, United States Land Offices. 

Gentlemen: The act of Congress approved June 4, 1897 (30 Stat., 
34-36), provides among other things with respect to forest reserves 
established and to be established under section 24 of the act of March 3, 
1891 (26 Stat., 1095)— 

That in cases in which a tract covered by an unperfected bona fide claim or by a 
patent is inchided within the limits of a'public forest reservation, the settler or owner 
thereof may, if he desires to do so, relinquish the tract to the Government, and may 



24 Relinquishment of Claims^ etc. 

select in lieu thereof a tract of vacant land open to settlement not exceeding in area 
the tract covered by his claim or patent; and no charge shall be made in such cases 
for making the entry of record or issuing the patent to c:over the tract selected: Pro- 
vided further, That in cases of unperfected claims the requirements of the law respect- 
ing settlement, residence, improvements, and so forth, are complied with on the new 
claims, credit being allowed for the time spent on the relinquished claims. 

By a subsequent act, approved June 6, 1900 (31 Stat., 614), it is 
declared — 

That all selections of land made in lieu of a tract covered by an unperfected bona 
fide claim, or "by a patent, included within a public forest reservation, as provided in 
the act of June fourth, eighteen hundred and ninety-seven, * * * shall be con- 
fined to vacant surveyed nonmineral public lands which are subject to homestead 
entry not exceeding in area the tract covered by such claim or patent: Provided, 
That nothing herein contained shall be construed to affect the rights of those who, 
previous to October first, nineteen hundred, shall have delivered to the United States 
deeds for lands within forest reservations and make application for specific tracts of 
lands in lieu thereof. 

This provision was re-enacted March 3, 1901 (31 Stat., 1037). 

GENERALLY. 

1. Relinquishments under the above acts may include any tract 
within the limits of a forest reserve covered by an unperfected bona 
fide claim under an}" of the general land laws of the United States, or 
to which the full legal title has passed out of the Government and 
beyond the control of the Land Department by a patent or by that 
which is the full legal equivalent of a patent. 

2. Mineral lands, whether covered by patent or not, can not be 
relinquished as bases for lieu selections under said acts. 

3. Kelinquishments made in pursuance of said acts must be executed, 
acknowledged, and recorded in the same manner as conveyances of 
real property are required to be executed, acknowledged, and recorded 
by the laws of the State or Territory in which the lands are situated. 

4. Selections after October 1, 1900, are authorized to be made only 
of vacant, surveyed, nonmineral lands which are subject to homestead 
entry. 

5. Selections tiled prior to October 1, 1900, may embrace unsur- 
veyed lands, but must, within thirty dsiya from notice by the local 
officers of the tiling in their office of the township plat of survey, be 
made to conform to such survey. 

6. Selections of unsurveyed lands will not be passed to patent until 
after four months following the filing of said plat in the local office. 
This is to enable any person claiming an adverse right therein to regu- 
larly assert the same. 

7. The land relinquished and the land selected must be, as near as 
practicable, equal in area. 

8. In a selection made prior to the receipt by the local oflicers of 
the instructions of this Office dated January 16, 1900, for less land than 



Relinquishment of Claims^ etc. 25 

that relinquished, ninety days from notice is allowed the selector in 
which to make additional selection in full satisfaction of such relin- 
quishment, or waive his right to do so, and in default thereof the 
relinquishment and the partial selection will be rejected. This is not 
a new rule, but rather a restatement of the existing practice. 

i>. The rule of approximation permitted in entries under the home- 
stead and other public land laws may properly be applied to selections 
under the acts aforesaid. (See 31 L. D., 225.) 

10. Should a selection be presented, based upon a relinquishment 
or reconveyance to the United States of lands which are not at the 
date of the filing- of such selection within the limits of a forest reserve, 
the selection will be rejected, unless it appears that such lands were 
within the limits of such a reserve at the date of the recording on the 
proper records of such relinquishment or reconveyance. 

11. Selections should be filed in the proper land office within a 
reasonable time after the relinquishment or reconveyance has been 
recorded in the manner indicated. 

12. In all cases where the showing required in these instructions, 
both as to the title or claim to the land relinquished and as to the 
character and condition of the land selected, is not made by the 
selector at the time of filing the selection, you will reject the selection 
and give due notice thereof to the parties interested, in which notice 
the reasons for 3^our action must be stated. Appeal from such action 
may be taken under the rules as in other cases. At the expiration of 
the time allowed for appeal, j^ou will forward the record with your 
report thereon. 

13. If protest or objection shall be at an}^ time filed against the 
selection, j^ou will forward the same to this Office for consideration in 
connection with the selection. 

LAND COVERED BY PATENT OR PATENT CERTIFICATE. 

14. Where the legal title to the relinquished land has passed out 
of the United States, there must be filed with each relinquishment a 
duly authenticated abstract of title showing that at the time the 
relinquishment was filed for record the legal title was in the party 
making the relinquishment and that the land ^vas free from liability 
for taxes, pending suits, judgment liens, and from other incumbrance. 

15. Where the legal title to the relinquished land has not passed 
out of the United States, but patent certificate therefor has issued 
and is outstanding, there must be filed with each relinquishment a 
duly authenticated abstract of title showing that at the time the 
relinquishment was filed for record the full equitable title was in the 
party making the relinquishment and that the land was free from 
liability for taxes, pending suits, judgment liens, and from other 
incumbrance. 



26 Relinquishment of Claims^ etc. 

16. A relinquishment by an individual of land the legal title to 
which has passed out of the United States, or for which patent certifi- 
cate is outstanding, must show whether the person relinquishing is 
married or single; and if married, the wife or husband of such 
person, as the case may be, must join in the execution of the relin- 
quishment in such manner as to effectually bar any right or estate of 
dower, curtesy, or homestead, or any other claim whatsoever to the 
land relinquished, or it must be fully shown that under the laws of 
the State or Territory in which the relinquished land is situated such 
wife or husband has no interest whatever, present or prospective, 
which makes her or his joinder in the relinquishment necessary. 

17. Selections in lieu of lands covered by patent or patent certifi- 
cate may embrace contiguous or noncontiguous tracks in the same 
land district. 

18. All papers and proofs necessary to complete a selection must be 
filed at one and the same time, and until they are all presented no 
right will vest under the selection. 

19. A selection based upon land covered b}^ a patent or by a patent 
certificate must be made by the owner of the land relinquished or by 
a duly authorized agent or attorney in fact; and when made by an 
agent or attorney in fact, proof of authority must be furnished. 

20. No fees or commissions are required to be paid in any selection 
made in lieu of land covered by a patent or by a patent certificate. 

21. The affidavit to support a selection based upon the relinquish- 
ment of land covered by a patent or by a patent certificate must be 
made by the selector, or by some credible person possessed of the 
requisite personal knowledge in the premises, and must be filed with 
and as a part of the selection. This affidavit must show that the 
selected land is nonmineral in character; that it contains no salt 
springs or deposits of salt in any form, sufficient to render it chiefly 
valuable therefor, and that it is not in any manner occupied adversely 
to the selector. (Form 4-061^/.) 

22. In making selections in lieu of relinquished lands covered by 
patent or patent certificate. Form 4-643, or its equivalent, should be 
used; and in every such selection the selector must show, to the sat- 
isfaction of the local officers, by affidavit or otherwise, in addition to 
the other proofs required, that the relinquished land does not consti- 
tute the basis for any other selection made by him, and also whether 
or not the selected land is situated within 6 miles of a mining claim. 

23. Where the selection is within 6 miles of a mining claim or 
within a mineral township you will require the selector, within twenty 
days from the filing of his selection, to begin publication of notice 
thereof at his own expense in a newspaper to be designated by the 
register as of general circulation in the vicinity of the land and pub- 
lished nearest thereto. Such publication must cover a period of thirty 



Relinquishment of Claims^ etc. 27 

(lays, during which time a similar notice of the selection must be 
posted in the local land office and upon each and (n'ery nonconti^^uous 
tract included in the selection. 

24. The notice should describe the land selected and give the 
date of selection, and state that the purpose thereof is to allow all 
persons claiming- the selected land under the mining laws, or desir- 
ing to show it to be mineral in character, an opportunity to file 
objection to such selection w4th the local officers for the land 
district in which the land is situate and to establish their interest 
therein or the mineral character thereof. 

25. Proof of publication shall consist of an affidavit of the publisher, 
or of the foreman, or other proper employee of the newspaper in 
which the notice was published, with a copy of the published notice 
attached. Proof of posting upon the land and that such notice remained 
posted during the entire period required shall be made by the selector 
or some credible person having personal knowledge of the fact. The 
register shall certify to posting in his office. The first and last dates 
of such publication and posting shall in all cases be given. 

26. Where, at the time of the filing of a selection in lieu of relin- 
quished land covered by a patent or by patent* certificate, the showing 
required by these instructions is fully made by the selector, the selec- 
tion will be received by the register and receiver and proper notation 
thereof made upon their records. If publication of notice of the 
selection as provided in paragraphs 23, 24, and 25 of these instructions 
is not necessary, the selection, when so received and noted of record, 
will be forthwith forwarded to the Commissioner of the General Land 
Office for his action thereon. If publication shall be necessary under 
said paragraphs 23, 24, and 25, the selection will, after such publica- 
tion is completed, be promptly forwarded to the Commissioner of the 
General Land Office for his action. The action of the register and 
receiver in receiving a selection and making notation of the same upon 
their records will not in itself operate to confer any right upon the 
selector such as to prevent the subsequent rejection of the selection 
where it is f ou^nd that the selection as made was defective in any essen- 
tial particular and for that reason should have been rejected. 

UNPERFECTED BONA FIDE CLAIMS NOT COVERED BY PATENT CERTIFICATE. 

27. Where the land relinquished is covered by an unperf ected bona 
fide claim, for which no certificate for patent is outstanding, there 
must be filed with the selection a certificate by the recorder of deeds 
or official custodian of the records of transfers of real estate in the 
proper county that no instrument purporting to convey or in any way 
encumber the title to the land or any part thereof is on file or of 
record in his office, or if any such instrument or instruments be on 
file or of record therein the certificate must show the facts. 



28 Beliriquishmeat of Claims^ etc. 

28. A selection in lieu of an unperfected claim not covered by 
patent certificate must in all respects conform to the law under 
which such unperfected claim is held and will be subject to the 
payment of such fees and commissions as would be required under 
the statute to complete the unperfected claim in lieu of which the 
selection is made. 

29. If the land relinquished is covered by an unperfected claim, such 
as a homestead or desert entry, to which certificate for patent has not 
issued, and the law under which the claim was initiated requires that 
land taken thereunder must be in one body, the same requirement 
must be observed in making the lieu selection. 

30. A selection of land in lieu of an unperfected claim held under 
the settlement laws, if credit for residence on the unperfected claim 
be desired, must, in addition to other proofs, be accompanied by the 
affidavit of the selector, corroborated by two witnesses, showing when 
residence was established on the unperfected claim and the duration of 
such residence. In such a case, unless the selector has resided upon, 
cultivated, and improved the relinquished unperfected claim for the 
full period required by law to earn a patent thereto, he must establish 
and maintain a residence on the land selected, and cultivate and improve 
the same for the full period required by law to earn a patent, less the 
time spent upon the relinquished unperfected claim. 

31. If the relinquished unperfected claim be not one held under the 
settlement laws, the afiidavit as to residence required by the preceding 
paragraph need not be furnished; but in either case the selector must 
make affidavit that he has not sold, assigned, mortgaged, or contracted 
to sell the land covered by the relinquished unperfected claim. 

32. In case a settler on an unsurveyed tract within a forest reserve 
desires to make a change of settlement to land outside of the reserve 
and receive credit for previous residence on the relinquished claim, 
he must file his selection in the same manner as provided with respect 
to selections in lieu of other unperfected claims, accompanied by the 
affidavit as to residence required in such cases, and should describe his 
unsurveyed claim with sufficient accuracy to enable the local land 
officers to approximately determine its location. 

33. In making selections in lieu of relinquished unperfected bona 
fide claims not covered by patent certificate. Form 4-634, or its equiv- 
alent, should be used; and every such selection must also be supported 
by affidavit the same as required by paragraph 21 of these instructions 
(Form 4-061c/). In such selection special notice of the selection by 
publication or otherwise will not be required. 

31. Selections in lieu of relinquished unperfected bona tide claims 
not covered by patent certificate, where the essential requisites shall 
have been fully complied with by selectors at the time of filing their 
selections, will be received and noted of record in the same manner 
and upon the same conditions as provided in paragraph 26 of th(\se 



Relinquishmeiit of Clahns^ etc. 29 

instructions, and will be forthwith forwarcU'cl to the Commissioner of 
the General Land Office for his action thereon. 

35. A strict o})servance of these instructions will l)e reiiuircd. 

All previous circulars or instructions in conflict herewith are hereby 

revoked. . 

Very respectfully, Binger Hermann. 

Comu iis8i07her. 
Approved : 

E. A. Hitchcock, Secretary. 



[4 — 643. Perfected claims. 

Selection in Lieu of Land in Forest Reserve, 

[Act June 4, 1897.] 
To THE Register and Receiver, United States Land Office, 



Gentlemen: I am the owner of the meridian, containing acres; that 

said land is situate and lying within the boundaries of the Forest Reserve; 

that I desire to relinquish and reconvey said land unto the United States, and in 

lieu thereof to select the land district, State of , and containing 

acres, under the provisions of the act of June 4, 1897 (30 Stat., 36). 

In compliance with the regulations under said act I have made, executed, and 
caused to be recorded in the proper county and State a deed of reconveyance to the 

United States of the tract first above described and situate within said Forest 

Reserve, and in relation thereto have caused a proper abstract of title to be made 
and authenticated, both of which are herewith submitted. 

There are also submitted certificates from the proper officers showing that the land 
relinquished, or surrendered, is free from encumbrance of any kind; also that all 
taxes thereon, to the present time, have been paid, and an affidavit showing the 
lands selected to be nonmineral in character and unoccupied. I therefore ask that 
a United States patent issue to me for the tract or tracts thus selected. 



Dated, . 

Land Office at 



190- 



I, , register of the land office, do hereby certify that the land above 

selected, in lieu of the land herein relinquished to the United States, is free from 
conflict, and that there is no adverse firing, entry, or claim thereto. 



Jieaiste.r. 
Selection approved by the Commissioner of the General Land Office, per letter 

' R " to register and receiver , 190— . 

, Div. "R." 



Application 

No. — . 

Homestead. 



[Act June 4, 1897.] 

Land Office at 



190- 



I> , whose post-office address is , , do hereby apply to 

enter, under section 2289, Revised Statutes of the United States, and the act of Con- 



30 Relinquishment of Claims, etc. 

gress approved June 4, 1897 (30 Stat., 36), the of section , in town- 
ship , of range , containing acres, in lieu of the of section 

, in township , of range , in the district of lands subject to sale at 

, containing acres, which latter land is within the Forest Reserve, 

and all right, title, and interest in or to same has been relinquished by me to the 
United States. 



Land Office at 



190- 



I, ; register of the land oflBce, do hereby certify that the above appli- 
cation is for lands of the class which the applicant is legally entitled to enter 

under section 2289, Revised Statutes of the United States, and the act of Congress 
approved June 4, 1897 (30 Stat., 36), and that there is no prior valid adverse right 
to same. .« 



Register. 

HOMESTEAD AFFIDAVIT. 

U. S. Land Office at , 



; 190—. 

I, , of , , having filed my application No. — for an entry 

under section 2289, Revised Statutes of the United States, and the act of Congress 
approved June 4, 1897 (30 Stat., 36), do solemnly swear that I am not the proprietor 
of more than one hundred and sixty acres of land in any State or Territory; that I 

am 6; that my said application is honestly and in good faith made for the 

purpose of actual settlement and cultivation and not for the benefit of any other 
person, persons, or corporation, and that I will faithfully and honestly endeavor to 
comply with all the requirements of law as to settlement, residence, and cultivation 
necessary to acquire title to the land applied for; that I am not acting as agent of 
any person, corporation, or syndicate in making such entry, nor in collusion with any 
person, corporation, or syndicate to give them the benefit of the land entered, or any 
part thereof, or the timber thereon; that I do not apply to enter the same for the 
purpose of speculation, but in good faith to obtain a home for myself, and that I have 
not, directly or indirectly, made, and will not make, any agreement or contract, in 
any way or inanner, with any person or persons, corporation or syndicate whatso- 
ever, by which the title which I might acquire from the Government of the United 
States should inure, in whole or in part, to the benefit of any person except myself; 
and fvirther, that since August 30, 1890, I have not entered under the land laws of 
the United States or filed upon a quantity of land, agricultural in character and not 
mineral, which, with the tracts now applied for, would make more than three hun- 
dred and twenty acres, except , and that I have not heretofore made any entry 

under the homestead laws, except . 



(Sign plainly with fiUl Christian name.) 

Sworn to and subscribed before me this day of , 190 — , at my ofiice, 

at , in county, . 



a\i land applied for is unsurveyed, insert "subject to any prior valid adverse right" and erase 
"and that there is no prior valid adverse right to same." 

l!>Here insert statement that affiant is a citizen of the United States, or that he has filed his declara- 
tion of intention to become such, and that he is the head of a family or over twenty-one years of age, 
as the case may be. It should be stated whether applicant is native born or net, and if not, a certified 
copy of his certificate of naturalization or declaration of intention, as the case may be, must be 
furnished. 



Belinquishment of Claims^ etc. 31 



SPECIAL AFFIDAVIT. 
[Act June 4, 1897.] 

U. S. Land Office at 



, 190—. 

, being first duly sworn, on oath says he is the identical person who 

made entry at the U. S. Land Office of the , section , in 

township of range , containing acres; that he settled upon said 

land ; that he built a house thereon of (kind) (size) ; that he 

(and his family) ha— lived therein continuously from to (except 

); that he has cultivated acres and raised crops thereon; that 

he has been over each and every legal subdivision thereof and knows the character 
of same, and that it is nonmineral in character, and is land subject to entry under the 
homestead laws; that he has placed thereon improvements to the value of I . 



(Sign plainly with full Christian name.) 

Sworn to and subscribed before me this day of , 190 — , at my office, at 

, in county, . 



, of , , and , of , , being first 

duly sworn, on oath, each for himself, and not one for the other, say that they know 

the above affiant, , and the land embraced in his homestead entry 

within the Forest Reserve; that they have heard read the above affidavit, and 

of their own knowledge know the statements therein made are true; that they have 
no interest in said claim or the land sought to be entered in lieu thereof by said 
affiant. . 



Sworn to and subscribed before me this day of , 190 — , at my office, 

at , in coimty, . 



Affidavit for Selections. 

[Under act of June 4, 1897 (30 Stat., 36).] 
FOREST RESERVES. 

To he made by the selector, or other credible person cognizant of the facts, before an officer 
authorized to administer oaths. Before being sworn, affiant should be advised of penalties 
of a false oath. 

United States Land Office, 



190- 



, being duly sworn according to law, deposes and says that he is a 

citizen of the United States, and that his post-office address is , ; 



that he is well acquainted with the character and condition of the following- 
described land, and with each and every legal subdivision thereof, having personally 

examined the same, to wit: ; that his personal knowledge of said land enables 

him to testify understandingly with respect thereto; that there is not, within the 
limits of said land, any known vein or lode of quartz or other rock in place bearing 
gold, silver, cinnabar, lead, tin, or copper; that there is not, within the limits of said 
land, any known deposit of coal, or any known placer deposit, oil, or other valuable 
mineral; that said land contains no salt spring, or known deposits of salt in any 
form, sufficient to render it chiefly valuable therefor; that no portion of said land is 



32 Belinquishment of Claims, etc. 

claimed for mining purposes under the local customs or rules of miners, or otherwise; 
that said land is essentially nonmineral in character, has upon it no mining or other 
improvements, and is not in any manner occupied adversely to the selector; and that 
the selection thereof is not made for the purpose of obtaining title to mineral land. 



I hereby certify that the foregoing affidavit was read to affiant in my presence 
before he signed his name thereto; that said affiant is to me personally known (or 

has been satisfactorily identified before me by ), and I verily believe 

him to be a credible person and the person he represents himself to be; and that 

this affidavit was subscribed and sworn to before me at my office in , 

on this day of , 190 — . 



CONTROL OF PRIVATE HOLDINGS IN FOREST RESERVES PENDING 
FINAL ACTION ON RELINQUISHMENT THEREOF. 

Prior to final action on relinquishments to the United States of pri- 
vate holdings of lands within forest-reserve limits no permits are 
granted for their occupancy and use or for any special privilege 
thereon. (Acting Secretary of the Interior to the Commissioner of 
the General Land Office, December 22, 1902, and January 5, 1903, in 
privilege cases Nos. 17 and 18, Priest River Forest Reserve.) 

Relinquished lands prior to acceptance thereof by the Government 
are under its jurisdiction, and all unlawful timber cutting thereon and 
any intrusions thereon or unauthorized occupanc}^ and use thereof will 
be regarded and dealt with as trespass. (Commissioner of the Gen- 
eral Land Oflice to Supervisor Robert S. Bragaw, January 11, 1903.) 

When one having private right to land in a forest reservation 
accepts the provisions of the act of June 1, 1897, by relinquishing to 
the Government the title or right he has, or by attempting to do so, 
he thereby abandons its control and submits the land to the control of 
the Government. If such land, by reason of fallen and dead timber 
or other inflanmiable material, is a menace to the forest growth upon 
the surrounding lands, the authority of the Department extends to 
the abatement of such dangerous conditions. Pending the considera- 
tion by the Department of an ofi^ered exchange, the control of the lands 
abandoned by the owner must, for safety of the reservation, be lodged 
somewhere, and as no other authority exists authorized to control it 
but that of the owner and the Secretary of the Interior, when actual 
possession of such land is abandoned by the owner, the right of con- 
trol and police for safety of that and the surrounding lands immedi- 
ately devolves upon the Secretary of the Interior as a necessity arising 
from the conditions and the duity to regulate, control, and protect the 
reservation. 

I am therefore of opinion that when actual possession of land held 
in private right in a forest reservation is abandoned by the owner, and 
conditions exist by reason of fallen or dead timber which make it a 



School Lcmds — Elbiilnatlon of Agricultural Lands. 33 

menace to the safety of the forest growth on the reservation it is 
within the powers of the Secretary to take any proper measures for 
the abatement of such conditions, either by authorizing the removal 
of such inflammable material by parties desiring to malcc use of it, 
with or without sale of it, or, if necessary, by clearing, burning, and 
destroying the dangerous material as a protective measure by persons 
employed for that purpose. 

If a profit results, the fund so received should be kept account of 
until final action upon the relinquishment, to be paid to the owner if 
the title he tenders is not finally accepted, the right of control so 
existing and exercised being regarded as a conserving one, simply for 
safety of the property and its surroundings. (Opinion; 32 L. D., 110.) 

SCHOOIi LANDS IN FOREST RESERVES. 

Where a forest reservation includes within its limits a school section 
survej'^ed prior to the establishment of the reservation, the State, 
under the authority of the first proviso to section 2275, Revised 
Statutes, as amended by the act of Februar}^ 28, 1891, may be 
allowed to waive its right to such section and select other land in 
lieu thereof. 

The decision herein of December 27, 1891:, 19 L. D., 585, recalled and 
A'acated. 

Instructions of December 19, 1893, 17 L. D., 67(5, modified. (State of 
California, 28 L. D., 57.) 

J^y the act of June 21, 1898, a grant, in prdesenti.^ of school lands is 
made to the Territory of New Mexico; and under the provisions 
of section 2275, Revised Statutes, as amended by the act of Feb- 
ruary 28, 1891, said Territory may relinquish its claim to such 
school sections as it may be entitled that are included within the 
limits of a forest reserve, and select other lands in lieu thereof, 
(Territory of New Mexico, 29 L. D., 365.) 

ELIMINATION OF AGRICULTURAL LANDS. 

Act of June 1:, 1897; 30 Stat., 36. (See page 9.) 

Authorizes elimination from forest reservations of lands found 
to be better adapted for agricultural purposes than for forest 
uses. 
In regard to agricultural lands included within a forest reserve, the 
Department of the Interior has held as follows: 

If agricultural lands are improvidently included in a forest res- 
ervation they can be eliminated therefrom only by a procla- 
mation of the President or by the action of Congress, and 
until so eliminated such lands will continue a part of the 

reservation. 
* * * *: f- * ^ 

8327—03 3 



34 Elimination of Agricultural Lands. 

Relative to the authority of the President to establish forest reser- 
vations and to the character of the land which may be embraced 
therein, section 24 of the act of March 3, 1891, sujpra, and the pro- 
visions of the act of June 4, 1897, supra, bearing thereon, being iii 
pari materia., must be construed together to ascertain the intention of 
Congress in the premises. In said section 24 it is provided: 

That the President of the United States may, from time to time, set apart and 
reserve, in any State or Territory having public land bearing forests, in any part of 
the public lands wholly or in part covered with timber or undergrowth, whether of 
commercial value or not, as public reservations, and the President shall, by public 
proclamation, declare the establishment of such reservations and the limits thereof. 

In the said act of June 4, 189T, it is provided that^- 

No public forest reservation shall be established, except to improve and protect 
the forest within the reservation, or for the purpose of securing favorable conditions 
of water flows, and to furnish a continuous supply of timber for the use and neces- 
sities of citizens of the United States; but it is not the purpose or intent of these 
provisions, or of the act providing for such reservations, to authorize the inclusion 
therein of lands more valuable for the mineral therein, or for agricultural purposes, 
than for forest purposes. 

And that— 

Upon the recommendation of the Secretary of the Interior, with the approval of 
the President, after sixty days' notice thereof, published in two papers of general 
circulation in the State or Territory wherein any forest reservation is situated, and 
near the said reservation, any pulilic lands embraced within the limits of any forest 
reservation which, after due examination by personal inspection of a competent 
person appointed for that purpose by the Secretary of the Interior, shall be found 
better adapted for mining or for agricultural purposes than for forest usage, may be 
restored to the public domain. 

The President is hereby authorized at any time to modify any Executive order that 
has been or may hereafter be made establishing any forest reserve, and by such 
modification may reduce the area or change the boundary lines of such reserve, or 
may vacate altogether any order creating such reserve. 

A very large discretion is evidently lodged in the President by these 
statutory provisions. His judgment is to be guided and controlled 
only along general lines. In the said legislation of 1891 practically no 
limit is placed upon the exercise of his authority to establish forest 
reservations from time to time except that the lands reserved must be 
"public lands wholly or in part covered with timber or undergrowth." 
In the act of 1897 his authority is further limited only to the extent 
of the declaration therein of the purposes of such legislation, and that 
the inclusion in forest reservations "of lands more valuable for the 
mineral therein, or for agricultural purposes, than for forest pur- 
poses" is not intended to be authorized thereby. Recognizing that 
lands "better adapted for mining or for agricultural purposes than 
for forest usage" had already been and might thereafter be included 
in such reservations, that act made provision for their elimination 
when ascertained as therein directed. 



Elimination of Agriculiural Lands. 35 

The language quoted in the two instances immediately preceding is 
wortay of particular notice. It is not simply lands that are merely 
agricultural in character that are not to be included in forest reserva- 
tions, or, if included, may be restored to the public domain, but 
"lands more valuable * * * for agricultural purposes than for 
forest purposes," or "for forest usage." The language used, it is 
evident, was carefully and wisely chosen. In determining whether 
any particular tract or body of land ought to be included in a forest 
reservation, or, if included, ought to be eliminated therefrom, its 
value to the reservation for forest purposes or for purposes of a reser- 
vation generally, and the effect of its omission or elimination there- 
from are to be weighed against its value for agricultural purposes. 
Its relative position in the proposed or existing reservation may be 
of much importance in such determination. If immediately^ within 
the reservation boundar}^ for instance, its separation from the reser- 
vation might be a matter of small concern; but if at some distance 
within the reservation, and especially if many tracts be thus elimi- 
nated, the consequences thereof might, and probably would be, very 
injurious, affecting not only the integrity of the reservation, but its 
maintenance and control, and perhaps eventually rendering abortive 
the purposes for which it was esta})lished. Considerations like these 
may render the nature of the soil of such tracts or bodies of land, or 
their condition as to the growth of trees or other vegetation thereon, of 
minor importance in the determination; and when the tract is small, 
consisting of but 40 acres, and far within the limits of the lands 
reserved, as in the present instance, the mere fact that it might be 
nearly or even entirelj^ devoid of timber and distinctly agricultural 
land would not, under ordinary circumstances, if otherwise subject 
to inclusion in a forest reservation, justif}^ its exception or elimina- 
tion therefrom. (E. S. Gosney, 30 L. D., 44.) 

It was not intended by the act of June 4, 1897, to exclude from reser- 
vation small tracts, here and there, within the limits of a forest 
reservation, because of the fact that said tracts were not covered 
with timber. (Jared Woodbridge, 29 L. D., 531.) 

While lands embraced within a forest reservation may be excluded, 
because shown to be more valuable for agricultural than for forest 
purposes, until formally restored to the pul)lic domain such lands 
are not subject to general disposition, and no rights can be acquired 
by the attempted entry thereof. (Jared Woodbridge, 29 L. D. , 531.) 

Lands within the limits of a forest reserve, which at the date of its 
establishment are covered b}' a lawful preemption tiling of record, 
are excepted from such reserve subject to claimant's continued com- 
pliance with law; but in the event of the cancellation of such tiling 
the land at once becomes a part of the reserve. (John E. Henry, 
30 L. D., 158.) 



36 Bona Fide Settlers in Forest Reserves. 

BONA FIDE SETTLERS IN FOREST RESERVES. 

Act of April 15, 1902 (32 Stat., 106). 

Provides for the relief, within two years from the passage of the 
act, of bona fide settlers within forest reservations created 
under section 24 of the act of March 3, 1891 (26 Stat., 1095), 
who have, through ignorance or some unavoidable cause, 
failed to place their claims of record within the statutory 
period. 
The full text of the act and the instructions issued thereunder are 
contained in the following circular: 

[Circular.] 

bona fide settlers in forest reserves. 

Department of the Interior, 

General Land Office, 

^YasUngton, D. C, May 12, 1902. 
Registers and Receivers, 

United States Land Offices. 
Gentlemen: Attention is called to the following act of Congress, 
approved April 16, 1902, entitled "An act for the relief of bona fide 
settlers in forest reserves:" 

Be it enacted by the Senate and House of Representatives of the United States of America 
in Congress assembled, That where a claimant under the settlement laws of the United 
States within the limits of a forest reserve created under the provisions of section 
twenty-four of the act of March third, eighteen hundred and ninety-one, entitled 
"An act to repeal timber-culture laws, and for other purposes," has failed, by reason 
of ignorance of the proclamation of the President, or of the filing of the township 
plat of survey, or from unavoidable accident or conditions, or from misunderstand- 
ing of the law, to place his claim of record within the statutory period, such claim- 
ant may be permitted within a period of two years from and after the passage of this 
act to file his claim in the proper United States land office and receive patent there- 
for upon showing due compliance with the law under which the claim is asserted, 
notwithstanding the reservation, provided that he made bona fide settlement upon 
the land claimed prior to the date of the proclamation establishing the forest reserve 
and maintained continuous residence thereon for the requisite period. The benefits 
of this act shall extend to bona fide claims already received by the local land offices 
after the statutory period, and for which patents have not issued, provided tlie set- 
tlers have complied with the provisions of the law except as to the time of filing their 
claims. 

Settlers, in order to obtain the benefit of this act, must have made 
bona fide settlement upon the land claimed prior to the date of the 
proclamation establishing the forest reserve and maintained continuous 
residence thereon for the period required by the law under which the 
claim is asserted. 

Applications for entry under the terms of this act must be filed in 
the local land office within two years from April 15, 1902. 

With the application to make entry, the applicant must file an affida- 



Bona Fide Settlers in Forest Reserves — Mineral Lands. 37 

vit showing the date of his settlement, and that his residence on the 
land applied for has been continnous siiun^ that date; and that his fail- 
ure to place his claim of record within the statutory period was due 
to some one of the reasons set forth in this act. 

Bona fide claims which have heretofore been erroneously allowed by 
the local land officers for lands within forest reserves after the expira- 
tion of the statutory period within which to place such claims of record 
are confirmed by this act, provided the settlers have complied with the 
provisions of tlio laws under which the claims were initiated, and that 
their failure to place their claims of record in proper time is satisfac- 
torily explained as due to causes bringing them within llio conditions 
prescri})ed in this act. This applies only to claims where settlement 
was made prior to the creation of the forest reserve. 
Very respectfully, 

BiNGER Hermann, 

Commissioner'. 
Approved, May 12, 1903. 

E. A. Hitchcock, 

Secretary of the Interior. 

MINERAL LANDS WITHIN FOREST RESERVES. 

Act of June 4, 1897; 30 Stat., 36. (See page 9.) 

Makes mineral lands in forest reserves subject to location and 
entry under the general mining laws in the usual manner. 
(See circular of April 4, 1900, page 14.) 

Coal Lands. 

The words, "the existing mining laws of the United States," 
are to be construed, in legislative enactments, as embrac- 
ing sections 2347 to 2352, inclusive, of the Revised Stat- 
utes, commonly known as the " coal-land law," unless an 
intention to the contrary is expressed. (T. P. Crowder, 
30 L. D., 92.) 

Coal lands are mineral lands within the meaning of the act of 
June 4, 1897, and as such are subject to entry, when 
found in forest reservations, the same as other mineral 
lands within such reservations. (T. P. Crowder, 30 
L. D., 92.) 

COAL LANDS WITHIN FOREST RESERVES. 
(See "Mineral Lands within Forest Reserves.") 

TIMBER CUTTING ON MINING CLAIMS. 

Timber cut from one mining claim ma}" be used on another mining 
claim only when the two form a group or are part of a group. 



38 Mineral Lands — Wag/on Roads — Free Use of Thnher and Stone. 

A group of mining claims, in considering timber regulations in forest 
reserves, is defined as a set of claims, all contiguous, or such that 
one can pass from an}^ one of the claims to another without leav- 
ing the group. All claims forming a group must be of the same 
kind — either placer or lode. 

Timber may be cut on one mining claim and used on another only 
when there is a good showing that the claims were located in good 
faith and with no attempt to connect denuded lode claims with 
others covered by a desirable stand of timber. (Ruling by the 
Secretary of the Interior October 31, 19U2, in the case of the Mt. 
Baker Mining Company.) 

If the claims are not contiguous, and though separated b}" only a short 
distance, not greater even than one-half mile, timber can not be 
procured from one for use on the other, except by purchase, upon 
application submitted to the Secretary. (Ruling by the Secretary 
of the Interior October 12, 1901, in the case of the Cash Mine 
Company.) 

WAGON ROADS FOR BENEFIT OF MINING CLAIMS. 

Wagon roads for benefit of mining claims are not considered part of 
assessment work when outside the boundaries of a mining claim 
and leading from chiim to claim over a forest reserve, and can be 
built only under permit from the Secretary of the Interior. (Com- 
missioner of the General Land Office to Forest Supervisor F. N. 
Haines, July 14, 1902.) 

FREE USE OF TIMBER AND STONE. 

I. Act of June 4, 189T; 30 Stat., 35. (See p. 9.) 

Contains the following provision: 

The Secretary of the Interior may permit, under regulations 
to be prescribed by him, the use of timber and stone 
found upon such reservations, free of charge, by bona 
fide settlers, miners, residents, and prospectors for min- 
erals, for firewood, fencing, buildings, mining, pros- 
pecting, and other domestic purposes, as may be needed 
by such persons for such purposes, such timber to be 
used within the State or Territor}', respectively, where 
such reservations may be located. 

II. Regulations Governing the Free Use of Timber 
Are contained in the following circulars: 

Circular of December 12, 1901. (See below.) 
Circular of January 15, 1902. (See p. 40.) 
Circular of February 27, 1902. (See p. 51.) 



Free Use of Timber and Stone. 39 

[Circular.] 

Amendment to the Rules and Regulations Governing Forest 

Reserves. 

Department of the Interior, 

General Land Office, 

Washington, D. C, Decernher 12^ 1901. 
Paragraph 21 of the Rules and Regulations Governing Forest 
Reserves, issued April 4, 1900, and amended March 19, 1901, is 
further amended so as to read as follows: 

free use of timber and stone. 

21. The law provides that — 

The Secretary of the Interior may permit, under regulations to be prescribed by 
him, the use of timber and stone fomid upon such reservations, free of charge, by 
bona fide settlers, miners, residents, and prospectors for minerals, for firewood, 
fencing, buildings, mining, prospecting, and other domestic purposes, as may be 
needed by such persons for such purposes; such timber to be used within the State 
or Territory, respectively, where such reservations may be located. 

This provision is limited to persons resident in the State or Territory 
where the forest reservation is located who have not a sufficient supply 
of timber or stone on their own claims or lands for the purposes enu- 
merated, or for necessary use in developing the mineral or other natural 
resources of the lands owned or occupied by them. Such persons, there- 
fore, are permitted to take timber and stone from public lands in the 
forest reservations under the terms of the law above quoted, strictly 
for their individual use on their own claims or lands owned or occupied 
b}" them within the State or Territory where such reservation is located, 
but not for sale or disposal, or use on other lands, or by other persons: 
Provided, however. That the provisions of this paragraph shall not apply 
to companies or corporations. Before any timber or stone can be taken 
hereunder from the forest reserves, the person entitled thereto must 
first make application to the forest supervisor in charge of the reserva- 
tion, or part of reservation, setting forth his residence and post-office 
address, designating the location, amount, and value of the timber or 
stone proposed to be taken, the place where and the purpose for wliich 
the said timber or stone will be used, stating, in case the application is 
for timber, what sawmill or other agent, if any, will be employed to 
do the cutting, removing, and sawing, and pledging that no more shall 
be cut from the reservation than he actually needs for bona fide use on 
his own land or claim; and that none shall be sold, disposed of, nor 
used on any other than his own land or claim; and guaranteeing to 
remove and safely dispose of all tops, brush, and refuse cutting bevond 
danger of fire therefrom. Upon receipt of the application, the super- 
visor will immediately make investigation of the facts in the case. If, 



40 Free Use of Timber and Stone. 

in his judgment, the application be meritorious, and no injury to tlie 
forest cover will result from the removal of such timber, he will there- 
upon approve such application, giving the party permission to remove 
the timber under the supervision of a forest. officer: Provided, Th&X, 
where the stumpage value of the timber exceeds twenty dollars, per- 
mission must be obtained from the Department, and for this purpose 
the supervisor, in all such cases, will submit the application to the 
Commissioner of the General Land Office, with his recommendation 
thereon. In case the application be approved, the supervisor will be 
notified and the cutting will be allowed, under supervision, as in cases 
where the amount involved is less than twenty dollars. Every forest 
supervisor having charge and supervision of the cutting of timber 
under the foregoing regulations will submit quarterly reports to the 
Commissioner of the General Land Office for transmission to the 
Department, in order that the Secretary of the Interior may be advised 
of the quantity of timber cut and whether the privilege granted is 
being abused. These reports should show the names of the persons 
who have applied, during the quarter, for permission to cut timber 
free of charge, the kind of timber applied for, the fiuantity, the stump- 
age value of the same, and the purpose for which the applicant desired 
to use it. In cases of emergency, where needy persons require imme- 
diate relief in the form of a load of dry firewood, the supervisor has 
authority to grant such privilege without marking or measuring the 
material beyond assigning to the applicant the particular area where 
to cut this material; all cases of this kind to appear in the usual 

monthly report. 

BiNGER Hermann, 

CoiriTnissioner. 
Approved, December 12, 1901. 
E. A. Hitchcock, 

Secretivry of the Interim'. 

[Cinnilar.] 



Information Regarding the "Free Use" of Forest-Reserve 

Timber. 

Department of the Interior, 

General Land Office, 

Washington.^ D. C, January 16, 190^. 

1. The matter is a privilege, and not a right. It may be refused to 
any person. 

2. Who can get tinih&r under free-use jprovisions of law: It is usually 
granted to settlers, farmers, prospectors, and others residing within 
or in the neighborhood of a forest reserve. 



Free Use of Timber and Stone. 41 

3. Who can not get It: It is refused to companies, corporations, saw- 
mill parties, and owners of large establishments, who require larger 
quantities and are expected to purchase; and to nonresidents of the 
State in which the reserve is located. 

4. II<nv much is given., and hy whom : Permits for an amount not 
exceeding $20 in stumpage value may be granted by the forest super- 
visor. Permits for a larger amount, and within the stumpage value 
of $100, are granted only by the Secretary of the Interior. 

5. How often- the same person can apply: Not oftener than once a 
year. 

6. Hoio long a permit holds good: Six months from the date when it 
was issued; or less time, in the discretion of the forest supervisor. 

7. Wliat can he obtained: All kinds of timber; generally dry fire- 
wood, dry poles, and logs; also, if really needed, green timber. 

8. How ohtained: 

(a) .Application must be made to the forest supervisor. 

(/>) Blank form of application is furnished by the forest officers, and 
is filled out and signed by the applicant. (If necessary, the forest 
oflicer will lend assistance in filling out the blank application.) 

(c) The timber must be located by a forest officer before any cut- 
ting is done. 

9. Terms of this privilege: 

{a) Only the timber applied for can be cut. For instance: No green 
timber may be taken if dry wood is applied for. 

(b) Only so much can be cut as was applied for; and it must be 
measured, either standing or in the pile, before being hauled away. 

(c) No unmarked live timber can be cut. 

(d) There must be no cutting across the line of the area assigned. 
Cutting across the line is trespass. 

(e) The rules about cleaning up tops and brush nuist be obeyed. 
The cutting area must be left in good, clean condition. 

( t) The rules generally governing forest reserves must be observed. 

(g) The wood, timber, or material derived from it is to be used only 
at the place stated in the application. The use of it elsewhere, and 
especially the sale of it, makes the cutting a trespass, and the appli- 
cant becomes liable to suit and is always debarred thereafter from the 
"privilege of free use. 

(h) The cutting of the timber by a local mill is permissible; but the 
sawing must he paid for in cash, and can not be done on shares. More- 
over, the sawing and hauling of the lumber must be done in a manner 
required by the forest officer, and in such way as to enable him to 
determine whether or not the timber and lumber are really used in 
the place and manner promised in the application. 

(/) In placing a valuation on timber given under the "free-use" 
act, $1 per M for timber, green or dry, and 25 cents per cord for fuel 
wood, will be he minimum price considered. 



42 J^ree Use of Tiniber and Stcnie. 

(A) Applications for ""shakes," etc., involving a wasteful use of 
timber, will be refused whenever a more economical utilization and 
satisfactory cleaning up of the tops and lops is not guaranteed. 

BiNGER Hermann, 

Commissioner. 
Approved. 

E. A. Hitchcock, 

Secretary of the Interior. 

COMPANIES AND CORPORATIONS PROHIBITED FROM USING 
FOREST-RESERVE TIMBER FREE OF COST. 

No authority to permit free use of forest-reserve timber by corpora- 
tions, municipal or otherwise. (Decision by the Department June 
25, 1900, in the case of petition by the board of county commis- 
sioners of Uinta County, Utah.) 

A company or corporation engaged in mining or in prospecting 
for valuable mineral deposits is a "miner" or "prospector," 
as the case may be, within the meaning of the act of June 

4, 1897. 

The act of June 4, 1897, does not in itself permit any person, 
compan}^, or corporation to use, free of charge, stone or 
timber found upon a forest reservation, but confers upon 
the Secretary of the Interior authority to say, through 
regulations prescribed by him, by whom, among those 
named, and when and to what extent, the privilege named 
in the statute may be enjoyed. 

The regulations of April 4, 1900, issued under the act of June 
4, 1897, do not in terms include or exclude mining companies 
or corporations, and it rests with the Secretary of the 
Interior to determine, in the exercise of the discretion with 
which he is invested by the statute, whether these regula- 
tions shall include or exclude such companies or corporations. 
(Opinion, 30 L. D., 462.) 

The absence of specific prohibition of the free use of forest reserve- 
timber by companies and corporations was remedied by the issu- 
ance of circular of December 12, 1901 (see p. 39), which, in 
amending paragraph 21 of circular of April 4, 1900 (see p. 14), 
specifically provided: "That the provisions of this paragraph shall 
not apply to companies or corporations." 

Operation of the Act of July 1, 1898 (30 Stat., 618), in the 
Teton Forest Reserve. 

Free use of timber in the Teton Forest Reserve allowed to citizens of 
Idaho under the act of July 1, 1898 (30 Stat., 618), in accordance 
with the following instructions: 



Free Use of Thnher and Stone. 43 

The act of July 1, 1898, conferred upon residents of the State of 
Idaho the same right to cut and remove timber from lands 
within the limits prescribed by said act, in the State of 
Wyoming-, whether reserved or unreserved, as was enjoj^ed 
by the residents of Wyoming- under the acts of March 3, 1891, 
and June 4, 1897. (Instructions, 31 L. D., 412.) 

Free Use of Forest-Reserve Timber is a Personal Privilege. 

Under the regulations of the Department, this (the free use of 
forest-reserve timber) is a personal privilege, and it will not 
be permitted to be used for commercial purposes. (Secretary 
to Commissioner of the General Land Office, October 29, 1900, 
in cases of Crandell, Evans, and Garcia, Black Mesa Forest 
Reserve, Ariz.) 

Free Use of Forest-Reserve Timber for Public School Purposes. 

In respect to allowing applications for free use of forest-reserve 
timber by the trustees of a public school district, no definite 
course of action can be laid down in such cases. If the 
public school district is within or very near to the reserve, 
and is comprised of pioneers or of persons so poor that it is 
a .strug-gle with them to maintain a school, an application from 
them for free timber may be allowed, rather than applications 
for school districts in a well-to-do community, quite able 
to purchase necessary fuel, which can always be had at a 
moderate cost. (Commissioner of the General Land Office to 
Forest Superintendent C. S. Newhall, June 18, 1902.) 

Free Use of Forest-Reserve Timber for Emergency Repair of 
Bridges and Highways. 

In the matter of the free use of timber for the repair of bridges 
and highways in emergency cases, the honorable Secretary 
of the Interior, under date of November 19, 1902, authorized 
the local forest officer in charge to issue permits to county or 
town supervisors and other persons, upon proper application 
and official report thereon to that officer, for the free use of 
timber, not exceeding the stumpage value of $20, in cases 
demanding the immediate repair of damages to the road 
arising fi'om severe rains, floods, or snowslides that have 
made washouts, destro3"ed bridg-es, or otherwise made the 
road impassable. 

In a special case of extreme emergency, when the forest officer is not 
accessible and the timber is needed to at once render the road 
passable, the person repairing it may use what is needed for that 
purpose and afterwards make application to the local forest offi- 



44 Free Use of Timber and Stone — Ilay — Sale of Timher. 

cer in cliarge. That officer is to see that this is done in every 
instance. (Instructions by the Commissioner of the General 
Land Office to forest officers, November 29, 1902.) 

Discontinuance of the Free Use of Tiimber in the Wichita 

Forest Reserve. 

The free-use privilege in respect to timber in the Wichita Forest 
Reserve discontinued and timber therein disposed of only by sale, 
owing to the limited supply of the timber and great demand 
therefor. (Ruling by the Secretary of the Interior, November 
17, 1902.) 

Permits to Cut Wild Grass for Hay in Forest Reserves. 

Forest supervisors authorized to issue permits to cut wild grass for 
hay in forest reserves under conditions similar to those governing 
the free use of timber and upon applications to be passed upon b}' 
the forest supervisor instead of by the Department. (Acting 
Secretar}^ of the Interior to Commissioner of the General Land 
Office, September 5, 1902.) 

SALE OF TIMBER. 

I. Act of June 4, 1897; 30 Stat., 35. (See page 9.) 

Makes provision for the sale of timber within forest reserves in 
limited quantities. 

II. Act of June 6, 1900 (31 Stat., 661). 
Amends the act of June 4, 1897 (30 Stat., 35). 

The full text of the act of June 6, 1900, is as follows: ' 

[Act of June 6, 1900 (31 Stat., 661).] 

Chap. 804. — AN ACT to amend chapter two of the laws passed by the first session 
of the Fifty-fifth Congress of the United States, being an act entitled "An act 
making appropriations for sundry civil expenses of the Government for the fiscal 
year ending June thirtieth, eighteen hundred and ninety-eight, and for other 
purposes," approved June fourth, eighteen hundred and ninety-seven. 

Se it enacted hy the Senate and House of Representatives 

of the United States of America in Congress assembled, 

Public lands. That cliaptcr two of the laws of the first session of the 

Appraisal and ^ 

saieofdead.etc, Fifty- fifth Congress, being an act entitled "An act mak- 

timber. *^ & 7 » 

Vol. 30, p. 35 ing appropriations for sundry civil expenses of the Gov- 
ernment for the fiscal 5^ear ending June thirtieth, eighteen 
hundred and ninety-eight, and for other purposes," ap- 
proved June fourth, eighteen hundred and ninety-seven, 
be, and the same is hereby, amended b}?^ striking out the 
following words where the same appear in said act, com- 
mencing with the word "Before," in line thirty-six, on 
page thirty-five of volume thirty of the United States 



Sale of Tlmher. 45 

Statutes at Large, and ending with the word "exists," in 

the forty-third line of said vokime and page, as follows: 

"Before such sale shall take place notice thereof shall be 

given by the Commissioner of the General Land Office, 

for not less than sixty days, b}" publication in a newspaper 

of general circulation published in the county in which 

the timber is situated, if any is therein published, and if 

not then in a newspaper of general circulation pviblished 

nearest to the reservation, and also in a newspaper of 

general circulation published at the capital of the State or 

Territory where such reservation exists," and insert in 

lieu thereof the following: "Before such sale shall take Notice of sale. 

place notice thereof shall be given by the Commissioner 

of the General Land Office, for not less than thirty days, 

by publication in one or more newspapers of general cir- 

cvilation, as he ma}^ deem necessary, in the State or Terri- 

tovy where such reservation exists: Provided^ howeiJe7\ Provisos. 

That in cases of unusual emergency the Secretar}" of theetc, saieffn ad- 

-T , • -ii • £ 1 • J' J.* •j.j.i vance of adver- 

Interior may, in the exercise or his discretion, permit the tisement. 
purchase of timbei* and cord word in advance of adver- 
tisement of sale at rates of A^alue approved by him and 
subject to payment of the full amount of the highest bid 
resulting from the usual advertisement of sale: Prot'lded 
further^ That he may, in his discretion, sell without adver- 
tisement, in quantities to suit applicants, at a fair appraise- 
ment, timljer and cord wood not exceeding in value one 
hundred dollars stumpage: And provided further. Th^i in Private sale 

1 • 1 J i.' i. • 1- J 1 ^- J? J. where bid UIlsa^ 

cases m which advertisement is had and no satisfactory isfactory, etc. 
bid is received, or in cases in which the bidder fails to 
complete the purchase, the timber ma}^ be sold, without 
further advertisement, at private sale, in the discretion 
of the Secretary of the Interior, at not less than the ap- 
praised valuation, in quantities to suit purchasers: Atid 
provided fiu'ther^ That the provisions of this act shall not California for- 
apply to existing forest reservations in the State of Cali- IxcepteT'*'^^"'^^ 
fornia, or to reservations that ma}^ be hereafter created 
within said State." 

III. Regulations Governing Sales of Timber 
Are contained in the following circulars: 

Circular of April 4, 1900" (see page 14). 
Circular of January 22, 1902 (see below). 
Circular of February 27, '1902 (see page 51). 

« The regulations in the circular of April 4, 1900, regarding publications of notices 
of sales of timber . are modified by the provisions in the subsequent act of June 6, 
1900 (31 Stat., 661). 



46 /S'aZe? of T'lmher. 

[ Circular.] 

Sale of Timber in Forest Reserves. 

Department of the Interior, 

General Land Office, 

Washington, D. C. , January 22, 1902. 

general. 

1. Timber will be sold, both live and dead, wherever the removal 
of such material will be beneficial, or at least not detrimental, to the 
forest reserves. 

2. In the disposition of this material the local demand will have 
preference, and, in localities where this local demand is so great that 
all available timber is likely to be needed, applications involving the 
export of the material to distant points will be refused. 

HOW the timber may be purchased. 

1. The applicant who wishes to purchase timber will apply, in person 
or in writing, to the supervisor of the reserve, stating — 

{a) How much timber he wishes to buy; 
(/>) The kind of material desired; 
{c) Where the timber is located. 

2. As soon as practicable, the supervisor or his assistant will go 
over the groiuid with the applicant and determine whether the timber 
may be sold, under what conditions, and at what price. 

3. After an agreement is reached the applicant should sign a definite 
application, prepared on the regular form, with the assistance of the 
forest officer. 

4. After this the forest officer marks out the block or area where 
the timber may be cut, maps it, and estimates the amount of timber 
on the whole, and also the particular kind applied for. He also makes 
a general forest description of the tract, block, or quarter section. 

5. Then the application, together with the forest officer's description 
and recommendation, is sent to the Department at Washington. 

6. If approved, the timber will be advertised in a local paper for 
thirty daj-s (sixty days in California). This advertisement will be 
waived only in cases where the amount involved in the sale is of $100 
stumpage value or less. 

7. Bids on this timber will then be in order. These bids, together 
with a deposit (insuring the good faith of the bidder), should be sent 
by the bidders to the receiver of the local land office, and the bid will 
be forwarded from that office to the Department. 

S. At the end of thirty days (sixty days in California), the timber 
will be awarded to the highest bidder; and if the applicant is the sue- 



Sale of Tlmher. 



47 



cessful bidder the deposit is credited on the sale; if not, the money 
will be refunded. 

9. When the timber is awarded the applicant will sign a (contract 
containing the specifications contained in the original application, as 
to manner of cutting, scaling, and cleaning up, etc., and if the case 
seems to justify it, he will ])e asked to give a bond, usually in an 
amount double the value of the timber, to secure the proper fulfill- 
ment of the contract. 

10. Cutting may then begin. 

11. The material will be skidded or piled in the customary manner, 
and the purchaser is required to mark the tops of the logs to facilitate 
scaling. 

12. The scaling will be done in the customary way by the old Scrib- 
ner rule, by which the contents of a 16-foot log are as follows: 



Diameter inside 


Contents in feet 


Diameter inside 


Contents in feet 


Diameter inside 


Contents in feet 


of bark. 


B. M. 


of bark. 


B. M. 


of bark. 


B. M. 


Inches. 




Inches. 




Inches. 




6 


9 


21 


304 


36 


923 


7 


16 


22 


334 


37 


1,029 


8 


25 


23 


377 


38 


1,068 


9 


36 


24 


404 


39 


1,120 


10 


49 


25 


459 


40 


1,204 


11 


64 


26 


500 


41 


1,272 


12 


79 


27 


548 


42 


1,343 


13 


97 


28 


582 


43 


1,396 


14 


114 


29 


609 


44 


1,480 


15 


142 


30 


657 


45 


1,618 


16 


159 


31 


710 


46 


1,587 


17 


185 


32 


736 


47 


1,656 


18 


213 


33 


784 


48 


1,728 


19 


240 


34 


800 






20 


280 


35 


876 







This rule applies to saw timber and mining timber. Logs of 24 
feet and over in length are scaled at more than one point; so that a 
log 24 feet long, for instance, is scaled at 16 feet and at the top. In 
other words, long pieces are treated as 16-foot logs and fractions 
thereof. 

Square-hewed goods are measured like sawed timber, as solid pieces. 
Thus, an 8 by 12 inch 16-foot timber contains 128 feet board measure. 

Railway ties are simplj^ counted, and 

30 ties, 8 feet in length, equal 1,000 feet board measure. 
40 ties, 6 feet in length, equal 1,000 feet board measure. 

Cordwood is measured in the ordinary waj. Where green timber 
10 inches and over in diameter is cut into cordwood it is charged as 
timber, and two cords are considered equal to 1,000 feet board measure. 

13. The scaling will be done according to the conditions of the case. 
If the cutting is on a sufficiently large scale it will be done in such a 
way as to keep up with the work; otherwise, the scaling will be done 
at set times. 

14. All timber must be marked with the U. S. stamp before it may 
be removed. 



48 Sale of Timher. 

The following black forms for application and contract tilled in as 
samples will be used in all timber sales: 

[4—178] 

No. 123. 

Public Timber Sale. 

Black Hills Forest Reserve. 

APPLICATION. 

I hereby make application for the sale and purchase of timber located and de- 
scribed as follows: 100 M feet B. M., saw timber, green or dry; no M feet B. M., 
mining timber, green or dry; no railroad ties, green, dry; 2,50 cords cord- 
wood, green, and dry ; and is located SW. \, SW. \, S. 25, T. 3 N., R. 3 E. 

To be used at mines near Deadwood. 

I promise to deposit with the receiver of public moneys at the United States land 
office at Rapid City, S. Dak., such sum as may be required at the time of filing my 
bid for the above-described timber, and I further promise that in case my applica- 
tion is favorably considered I will deposit with the said receiver such sum as may 
be required to cover the cost of advertising for bids for the purchase of this timber, 
and in the event that the timber is awarded to me as the successful bidder I promise 
to pay to the said receiver the amount covered by my bid. [Here insert the condi- 
tion of payment, whether full cash payment or one-third down and the balance in 
thirty, sixty, and ninety days, as the case may be.] Cash in advance, at price of: 
§2.50 per M ft. B. M. for timher; 30 cents per cord for cordwood of all kinds; credit 
being given for the sums heretofore deposited with the said receiver by me in con- 
nection with this sale and purchase; which, otherwise, will be refunded to me. 

And I further agree and promise to conduct the work of cutting and removing said 
timber in accordance with the following specifications: 

1. I will comply strictly with the laws and the regulations governing forest 
reserves. 

2. Submit all timber and wood to measurement by the forest officer before the 
same is removed. 

3. Pay in advance for all timber before cutting the same. 

4. To cut only timber on the area agreed upon and blazed and marked, and not to 
cut any of the live trees bounding this area. 

5. To leave no logs, ties, lagging, or other material in the woods, and to jjay double 
the agreed price for any material thus left in the M^oods. 

6. To pay for all material used in shanties or buildings of any kind; also for mate- 
rial used in the construction of skidways, corduroy, log roads, bridges, and other 
improvements. 

7. To cut only marked timber, and to cut all marked timber. 

8. To leave no trees lodged in process of felling. 

9. That all material is marked on skidway or in pile, the amount to be jilaced in 
plain figures at top or on blaze near by, and that no material will be piled on such 
skidway or pile after the scaling has been finished. 

10. All felling and cutting with saw, cjcept firewood. 

11. Stumps high. None higher than i(? inc/ies. ■• 

12. Shaft of tree to be used to diameter of 6 inches, . 

13. Cord wood to be cut from all tops down to a diameter of 3 inches. \ 

14. Tops to be dragged bodily into openings ready for burning. See 15. 

15. Tops to be lopped and brush piled o», entire area. 

16. No hewing, except at skidways in openings — — . 

17. No cutting of timber in summer season between month of ^-nd — — . 

Waived in this case. 



Sale of Thiiher. 49 

18. Cut all dead material sound enough for fuel . 

19. Cut only ntanding dead material. Hec No. IS. 

20. Cut only and all dead material. Dead and green allowed. 

21. Build camps at place agreed upon, located , as per map . No camps 

allowed in this case. 

22. Construct dam at point agreed upon, located at . as per map . No dams 

allowed, in this case. 

23. To i)ile or skid all material before measuring . 

24. Scaling to be done [once a week or month, continuously, to keep up with cut- 
ting] once a week, the maximum to be not over 20 M feet B. M., and 05 cords, 

ties per day or week p^r week. 

I further agree that, in case my bid for this timber is accepted, I will execute a 
contract embodying the above provisions for the purchase of said timber, and deliver 
therewith a bond which shall be satisfactory to the forest officers for the faithful per- 
formance of the conditions imposed in said contract; and I further agree that, in case 
of failure on my part to fulfill, all and singular, the requirements of said contract, I 
will forfeit the said bond and all moneys paid to the receiver of public moneys herein 
mentioned. 

JNO. DOE. 

Dated at Hill City, S. Dak., Jan. 15, 190^. 

[4—179.] 

No. 123. 

Public Timber Sale. 

Black Hills Forest Reserve. 



This contract is herel>y entered into by and between Jno. Doe, party of the first 
part, and the Secretary of the Interior for the United States of America, party of 
the second part, for the purchase of certain public timber in the Black Hills Forest 
Reserve, based upon the bid of the said Jno. Doe for said timber, submitted in pur- 
suance of a duly advertised proposal to sell said timber, which bid has been accepted 
by the Secretary of the Interior, said bid and advertisement being made a part of 
this contract. 

Approximately 100 M feet B. M., saw timber, green or dry; no M feet B. M., min- 
ing timber, green or dry; no railroad ties, green, dry; 250 cords cord wood, 

green and dry. All timber to be removed ivithin one year from date of this contract, 

and is located SW. } of SW. i, S. 25, T. S N., R. 2 E. To be use<i at mines near 
Deadwood. 

In consideration of the sale of this timber to me 1, Jno. Doe, promise to pay the 
receiver of public moneys at the United States land office at Eapid City, S. Dak., the 
sum of three hundred and tiventy-five dollars {p25), being at the rate of f2.50 j)er thou- 
sand for timber and 30 cents per cord for cord rvood, entire .mm cash in advance, credit 
being given for the sums heretofore deposited with the said receiver by me in con- 
nection with this sale and purchase. 

And I further agree and promise to conduct the work of cutting and removing said 
timber in accordance with the following specifications: 

1. I will comply strictly with the laws and the regulations governing forest 
reserves. 

2. Submit all timber and wood to measurement by the forest officer before the 
same is removed. 

3. Pay in advance for all timber before cutting the same, 

8327—03 4 



50 Sale of Timber. 

4. To cut only timber on the area agreed upon and blazed and marked, and not 
to cut any of the live trees bounding this area. 

5. To leave no logs, ties, lagging, or other material in the woods, and to pay double 
the agreed price for any material thus left in the woods. 

6. To pay for all materials used in shanties or buildings of any kind; also for 
material used in the construction of skidways, corduroy, log roads, bridges, and 
other improvements. 

7. To cut only marked timber, and to cut all marked timber. 
S. To leave no trees lodged in process of felling. 

9. That all material is marked on skidway or in pile, the amount to be placed in 
plain figures at the top or on the blaze near by, and that no material will be piled on 
such skidway or pile after the scaling has been finished. 

10. All felling and cutting with saw, except fireivood. 

11. Stumps high; none higher than W. 

12. Shaft of tree to be used to diameter of 6 inches, . 

13. Cord wood to be cut from all tops down to a diameter of 3 inches. 

14. Tops to be dragged bodily into openings ready for burning. See No. 15. 

15. Tops to be lopped and brush piled on entire area. 

16. No hewing, except at skidways in openings . 

17. No cutting of timber in summer season between month oi and . 

Waived in this case. 

18. Cut all dead material sound enough for fuel . 

19. Cut only standing dead material. See No. 18. 

20. Cut only and all dead material. Dead and green allowed. 

21. Build camps at place agreed upon, located , as per map . No camps 

allowed in this case. 

22. Construct dam at point agreed vipon, located at , as per map . No 

dams allowed in this case. 

23. To pile or skid all material before measuring . 

24. Scaling to be done [once a week or month, continuously, to keep up with 
cutting] once a week, the maximum to be not overdo M feet B. M., and 25 cords 
ties per day or week per rveek. 

And as a further guarantee of a faithful performance of the conditions of this con- 
tract, I have executed and delivered herewith a bond in twice the amount of the 
purchase price named in this contract, which bond shall be forfeited, together with 
all moneys j^aid or promised under this contract, upon failure upon my part to fulfill, 
all and singular, the conditions and requirements herein set forth or made a part 
hereof. 

Given under my hand at Lead, S. Dale., this 20 day of Feb., 190^. 

JNO. DOE. 

Given under my hand at Washington, D. C, this 15 day of March, Vd02. 

, Secretary of the Interior. 

SPECIAL CONSIDERATIONS. 

The following considerations are of special importance: 

1. Applications will be considered and attended to in the order in 
which the}^ are received; but exceptions to this rule will occur, with 
special local conditions, such as isolation of particular cutting, great 
distances, insufficient force of workers, etc. 

2. All applications in any reserve will be held up and delayed when- 
ever it becomes evident that the reserve force, for any reason whatever, 
fails to carry out the work according to the prescribed regulations. 



Sales of Ttinher and Free Use of T'miber. 51 

3. In every case the tiinbei- purchased is not the <iiiiou7it called for 
in the application, Imt the amount actually found on the cuttintj;' area 
as located and niarketl out by th(> forest officer. If there is less tiud^er 
on this area than the applicant desires, he must make a n(nv application, 
))ut is nerer allow(>d (o cut over the original line as laid down for his 
case, 

4. The following violations of the regulations will l)e regarded as 
trespass, and will lead to a sus])ension of all operations until the case 
is settled: 

{<() Cutting aei'oss the line surrounding the cutting area; 
(/>) Cutting of umnarked tind)er; 

(c) Removal of any material before it is properly scaled and 

stamped or marked, 

6, Since a consideralile time is necessaril}^ required in attending to 

any case of timber sale, and the law positivel}' forbids any short-cut 

methods, the public is caruestl}" requested not to delay applications of 

this kind, 

6, When the applicant fails to hear of his application in a reasonable 
time, say thirty days, he should address letters both to the supervisor 
and to the honorable Commissioner of the General Land Office, Wash- 
ington, D, C, 

7, An}^ incivilities or evident neglect on the part of the forest offi- 
cers which hinders the purchaser in his work or endangers his case by 
giving to it the appearance of willful or negligent trespass should be 
reported to the super\isor, and, if not properly corrected, should 
})e reported to the Commissioner of the General Land Office, 

5. Trespassers, in the absence of a proper settlement for the tres- 
pass, will not be awarded timber, 

BiNGER Hermann, 

Coimrii8sio7ier. 
Approved, January 22, 1902, 
E. A. Hitchcock, 

Secretary of the Interior. 

INSTRUCTIONS IN CASES OF SALES AND ALSO IN CASES OF 
"FREE USE" OF TIMBER IN FOREST RESERVES, 

Department of tpie Interior, 

General Land Office, 

Waslimgton, D. C, February 27, 1902. 
Forest reserves have two chief functions: Continued production of 
timber and regulation of the water supply; and since timber constantly 
grows scarcer and in greater demand, and as the industries which 
depend upon a sure and sustained waterflow are certain to increase, the 
future capability of the reserves is of even greater importance than 
their present condition. For this reason all questions concerning 



52 Sales of Tlinbcr and Free Use of Timher. 

their management must be decided with regard for future effect.s as 
well as immediate results. 

The relative importance of the functions referred to, varies in dif- 
ferent reserves. Protection of the water suppl}^ should never be lost 
sight of, even in the regions of heavy rainfall, where himber produc- 
tion is most important; in mountainous reserves of the arid States it 
is paramount. It can only be insured where the ground is covered by 
vegetation, which prevents rapid run -off, and is best attained by a 
dense growth of vigorous timber. 

For this reason the first question to arise when the removal of any 
timl)er is discussed is whether or not it can be spared, and to decide 
this question the forest officer must know whether another growth of 
timber will replace the one removed or whether the land will become 
waste. 

The foremost point to be studied in this connection is the reproduc- 
tion of the forest under various conditions. The number of small 
trees, their kind, their vigor, the seed-bearing capacity of those which 
would be left after cutting, the possible destruction of the young 
growth b}^ logging or fire — all these points must be considered f ull3\ 
The growths on similar areas which have been burned or logged afford 
the best guides in this study. 

If it seems certain that the timber may be cut safely, the best method 
of cutting must be decided — whether the trees below a certain diameter 
should be left to form the next crop, whether a number of seed trees 
should be left, whether the surrounding timber will furnish enough 
and the right kind of seed, whether the cutting ma}" l)e unrestricted 
or confined to strips — or, in other words, what system will be surest 
to bring about satisfactory reproduction. 

Where the forests serve chiefly to supply timber, and the sale of 
timber is the principal work of the reserve, the character of the 
reproduction is of exceeding importance. The forest officer should 
endeavor to learn whether the second crop will be of species more or 
less valuable commerciall}" than those composing the stand which it is 
proposed to cut. It may be better policy to hold a tract of good pine 
or red fir than to cut it if a worthless growth of lodgepole or hemlock 
is apt to follow. 

Every effort should he made to dispose of mature^ diseased, Insect- 
affected^ or dead timber and to reserve that which is making rapid 
groivth. 

Generally it should be borne in mind that the Department does not 
wish to encourage or urge the sale of health}^ green timber, but that 
it will consider applications only where the material mav be spared 
without injury to the reserve, and preferably, also, where the timber 
is needed by the people of the particular district. 



Sales of Tlmhcr and Free Zhe of Thtcber. 5S 

SURVEYING AND MAPPING. 

The foregoing- nuliineiits of forest management will aid the forest 
officer to decide whether any proposed cutting warrants extended 
examination or is, on its face, inimical to the objects of the reserve. 
Detailed consideration of an application to purchase requires more 
specific knowledge of the situation, topography, and yield of the tract 
in question, and to systematize the collection of such information the 
following instructions are given head rangers and supervisors: 

All land within the reserve which bears commercial timber likely to 
be in demand must be surveyed into "blocks," mapped and described 
in a S3^stematic manner, so that the location and description of any 
tract applied for may be stated definitely. This work will be done by 
the head rangers or the supervisor himself, with such assistance from 
the ranger force as is necessary. Compasses, chains, and blank;? for 
maps and descriptions will be furnished by the Department. The 
work will be prosecuted as fast as possible without interfering with 
other necessary duties of the forest force. It is not expected that it 
can be continued without interruption or completed in the near future, 
but it is desired that as soon as possible there shall exist fairly accu- 
rate maps and estimates of all reserve timber. 

All timber land is to be laid off in tracts known as "blocks," not 
necessaril}" of uniform shape and size, but generally not to contain 
more than 160 acres. The blocks are to be numbered and a conven- 
ient number of blocks (seldom over 100) will constitute a district. 
Each block will be mapped, estimated, and described separately upon 
blanks furnished for the purpose, the original being forwarded to the 
central office, where copies will be made for the use of the super- 
visors. 

In the case of lands already legally subdivided into sections the 
only surveying required will be the reblazing of obliterated section 
lines and the division into quarter sections by blazed lines from 
quarter post to quarter post. The blazes of all lines run by forest 
officers must be marked with the "U. S." hammer. In the case of 
surveyed land each quarter section will be mapped and treated as a 
block; it will be descril)ed and referred to in the ordinary way; as, 
for instance, NE. i of sec. 21, T. 25 IN., R. 3 E., etc. 

In unsurveyed territory no attempt to follow the regular square- 
mile-section system need be made. The block should conform to the 
lay of the land and the conditions which regulate cutting. Ridges and 
streams should indicate l)oundaries w herever practicabl(>, and at least 
one boundary or corner, serving as a starting point, should be identified 
with some easily found natural object. Roads or streams should be 
used as base lines where possible. The boundary lines need not run 
north and south by east and west, but may take such angles as may be 
necessary to follow the natural outlines referred to. The compass 



54 Bales of Timber and Free Use of Tim}>ei\ 

bearing and length of each line must be recorded to admit of proper 
mapping of the block. All corners must be marked by posts and wit- 
ness trees bearing the marks of the district and the block; as, D-3, B-1, 
meaning district No. 3 and block No. 1. The boundary lines must be 
clearly blazed and reenforced by the marking hammer. 

The sketch map of the block must include such details as buildings, 
roads and trails, fences, mill sites, and mining or other claims. Each 
block should be mapped on a separate sheet, and all maps must be 
made on a scale of 12 inches to the mile. 

DESCRIPTION AND ESTIMATE. 

Complete information concerning each block must be recorded on 
the blank form (No. — ) as indicated in the following imaginary case: 
Division 3. 
District 5, block 5. 
(In case of surveyed land, description by township, range, meridian, 
section, and quarter.) 

1. Topography. Steep slope on north side of Cougar Creek. 

2. Surface. Sough., rocky., difficidt to log. 

3. Soil. Compact loam. 

4. Acreage. Total., 180; timibefred., 155; logged., 120; burned., 5. 

5. Character of timber. Dense stand of pure bull pine except nar- 
row strip along creek., in which spruce forms half. 

6. Condition of timber. Pine unusually sound., except along north 
edge., which was injured by fi^e in 1899. Spruce badly ground-rotten 
and falling constantly. Little dead material of any value on block. 

7. Reproduction. JPine seedling growth sparse., but there are about 
50 trees to acre just under merchantable size. Spruce reproduction 
good throughout a 10-rod strip along creek. On the whole., second crop 
is well assured. 

8. Accessibility. Block lies If. miles from nearest mill., vihich is at 
Red Dog, on the railroad. Good downhill road all the way., and 
creek could be made drivable at small expense. The mill referred to is 
apparently perinayient and timher will always be in denunid. Can be 
logged and hauled for $5 p>er thousand. 

9. Old cuttings. About W acres in extreme northeast coime7' was cut 
m 1899 under sale case JVo. IfO. This cutting is in poor eondition., 
covered %oith 7'ubbish., and reproduction is poor. 

10. Private interests. Nothing of the hind but one placet' claim, on 
creek near southioest corner of block, apparently ahandoned. Practically 
no timher on this claim. 

11. Proposed cuttings. {Tlvis space i)^ to be used toJien blank accom- 
pariies application. ) 

12. Additional information and lecommendations. The burn which 
touches the iiorth side of the block is covered loith rubbis/i (tnd uj>t to 



Sales of Timber mid Free Use of Tlmher. 



55 



hum at any time. The prevailing winds are from the north. For this 
reason helieve it safer to cut the Uock as soon as possible in spite of the 
good condition of the timber . Since there is a heavy stand of small 
trees, advise reducing the diameter limit from 12 to 10 inches., and do 
not think it necessary to leave any trees ahove this size for seed. The 
chitting should he made uufJi, special precaution against fire. 

If different portions of the block vary so greatly in character that a 
single description is impracticable, two or more sections may be indi 
cated on the map by dotted lines and each described on a separate 
blank. 

All estimates of timber, whether for entire ))locks or fractions 
thereof, should be submitted upon the following form, and the method 
of estimating must be stated. 

ESTIMATE SHEET. 

Estimated stand per acre on block 5, district 5, division 3 — [Here 
state whether for entire block, portions of block, or tract applied for 
only]. — Comers entire Mock. 

LIVING TIMBER. 



Species. (To be written in.^ 



Number of trees above 8 inches, per acre. . . 

Average height of trees 

Average number of trees per M 

Average stand, B. M., per acre 



Per cent deduction for defect. 



Bull 
Pine. 



16 



4,400 



5 % 



70 



55 



16 



'f,400 



DEAD TIMBER SOUND ENOUGH FOR USE. 

Number of trees above 5 inches, per acre 



Average stand, B. M. , per acre 

Cords down timber, per acre 

Cords standing timber, per acre, suitable for fuel only 



What per cent of total was actually estimated, and what system was used? 10 per 

cent of the timbered area (155 acres), l-acre circle method. 

JOHN DOE, 

Feb. 3, 1902. Head Ranger. 



56 Sales of Timher and Free Use of Tirnhef. 

HANDLING OF APPLICATIONS. 

If, after examining a tract applied for, the forest officer decides to 
recommend the sale, he explains to the applicant all the requirements 
which will be demanded of him by the regulations, adding such as he 
may think necessary in the instance at hand, and these are agreed to 
in the signed application. To avoid misunderstanding later it is 
important that all points concerning the proposed cutting be discussed 
fully before the application is submitted. Following are a number 
which must be included in all applications, and the forest officer is 
expected to add others when advisable: 

1. To what minimum diameter on the stump will cutting be allowed? 

2. How many seed trees per acre shall be left? 

3. To what diameter in the tops must trees be utilized ? 

4. Should the brush be piled, and in what manner ? 

5. Will any extra work, such as cleaning up down stuff not cut by 
the purchaser or burning brush, etc., be required of him? 

6. How high are the stumps to be (usually not higher than the tree 
is thick, and in valuable stuff not above 18 inches) ? 

7. Should felling be done with saws? 

8. Will hewing be allowed except at skidways and openings? 

9. Will cutting be allowed throughout the year ? 

10. What material may be used for skidways, road material, and 
camps, and shall it be paid for? 

11. Where will applicant be allowed to locate camps, roads, dams, etc. ? 

CASE OF DEAD TIMBER. 

This includes only wood^ standing or down, which is actually dead, 
and in no case trees which are apparently dying. In the case of ever- 
green species all trees having any green leaves are classed as living 
timber. Since deciduous species, such as tamarack and most hard- 
woods, have no foliage in winter, special attention must be given dur- 
ing this season. Trees dead at the top and green below, generally 
called spike-topped trees, are classed as living, and must never be cut 
under dead-timber permits. The dead portion may, however, be scaled 
and charged for as dead timber. 

In considering applications for dead timber, the following points 
should be discussed in addition to those enumerated above: 

1. Should all, or onl}^ standing, dead timber be taken? 

2. Should all sound enough for fuel be taken ? ^'' 

«NoTE. — The purchaser shall not be bound to cut timber which may die after the 
date of sale, or to dispose of unsound material which was sound at that time, unless 
it is shown that reasonable diligence on his part would have prevented the loss. 

If the applicant agrees to the conditions of cutting, as explained to him by the 
liead ranger or other forest officer who has made the preliminary examination, such 



8<(les of Timher and Free Use of Timher. 57 

3. Should all ubovo a given size (what size?) be given? 

4. Should purchaser pile the unsound portions of down trees from 
which he uses the sound parts ? 

4—178. 

No.—. 

PUBLIC TIMBER SALE. 



Forest Reserve. 



APPLICATION. 



I hereby make application for the sale and purchase of timber located and described 

as follows: M feet B. M., saw timber, green or dry; M feet B. M., mining 

timber, green or dry; railroad ties, green, dry; cord wood, 

green, dry; and is located . To be used at . 

I promise to deposit with the receiver of public moneys at the United States land 
office at such sum as may be required at the time of filing my bid for the above- 
described timber, and I further promise that in case my application is favorably con- 
sidered I will deposit with the said receiver such sum as may be required to cover 
the cost of advertising for bids for the purchase of this timber, and in the event that 
the timber is awarded to me as the successful bidder I promise to pay to the said 
receiver the amount covered by my bid. [Here insert the condition of pay- 
ment, whether full cash payment or one-third down and the balance in thirty, sixty, 
and ninety days, as the case may be] , credit being given for the sums heretofore 
deposited with the said receiver by me in connection with this sale and purchase; 
which, otherwise, will be refunded to me. 

And I further agree and promise to conduct the work of cutting and removing said 
timber in accordance with the following specifications : 

1. I will comply strictly with the laws and regulations governing forest reserves. 

2. Submit all timber and wood to measurement by the forest officer before the 
same is removed. 

3. Pay in advance for all timber before cutting the same. 

4. To cut only timber on the area agreed upon and blazed and marked, and not to 
cut any of the live trees bounding this area. 

5. To leave no logs, ties, lagging, or other material in the woods, and to pay double 
the agreed price for any material thus left in the woods. 

6. To pay for all material used in shanties or buildings of any kind; also for 
material used in construction of skidways, corduroy, log roads, bridges, and other 
improvements. 

7. To cut only marked timber, and to cut all marked timber. 

8. To leave no trees lodged in process of felling. 

officer must at once prepare, upon the proper blank form, a report embodying a 
description of the tract in question, an estimate of the timber upon it, and his recom- 
mendations regarding the proposed sale or permit. The application will not be con- 
sidered unless accompanied by this report, and in most cases it will be desirable to 
defer filling that portion of the application blank devoted to the amount and location 
of the desired timber until the forest officer has completed his examination and esti- 
mate. With this definite information the applicant can state exactly the amount and 
situation of the timber, make his offer of price, and sign the a])iilicat!nii. 



58 Sales of Timber' and Free Use of Timher. 

9. That all material is marked on ekidway or in pile, the amount to be placed in 
plain figures at the top or on blaze near by, and that no material will be piled on such 
skidway or pile after the scaling has been finished. 

10. All felling and cutting with saw . 

11. Stumps high; none higher than . 

12. Shaft of tree to be used to diameter of inches, . 

13. Cord wood to be cut from all tops down to a diameter of inches . 

14. Tops to be dragged bodily into openings ready for burning . 

15. Tops to be lopped and brush piled . 

16. No hewing, except at skidways in openings . 

17. No cutting of timber in summer season between month of and . 

18. Cut all dead material sound enough for fuel . 

19. Cut only standing dead material . 

20. Cut only and all dead material . 

21. Build camps at place agreed upon, located , as i)er map . 

22. Construct dam at point agreed upon, located at , as per map . 

23. To pile or skid all material before measuring . 

24. Scaling to be done [once a week or month, continuously, to keep up with 

cutting], the maximum to be not over M feet B. M., and cords, ties 

per day or week . 

I further agree that in case my bid for this timber is accepted I will execute a con- 
tract embodying the above provisions for the purchase of said timber, and deliver 
therewith a bond which shall be satisfactory to the forest oflficers for the faithful per- 
formance of the conditions imposed in said contract; and I further agree that in case 
of failure on my part to fulfill, all and singular, the requirements of said contract I 
will forfeit the said bond and all moneys paid to the receiver of public moneys herein 
mentioned. 



Dated at , , 190—. 

ESTIMATE, DESCRIPTION, AND REPORT. 

Unless part of such information lias been previousl}^ secured, the 
examination of the tract by the forest officer nuist include: 

1. Surveying, mapping, and blazing out the block or blocks on which 
the cutting will be located. 

2. Locating definitely enough to permit estimate, description, and 
locating on map, of cutting area itself. 

3. Measuring and estimating of timber on proposed cutting area, 
and on entire block when practicable. 

4. Description of block and cutting area. 

5. Kecommendations concerning proposed sale, with reasons for 
them. These should embrace such points as the probable effect on 
the future composition of the forest and the waterflow of the region; 
the condition of the timber in so far as it affects the policy of holding 
it for advance in price; the need for the timber applied for; the pos- 
sibility or difficulty of getting it in some ))etter place; the reliability 
of the applicant; and the price which should bo o})tained. The latter 
point is one of great importance, and should be decided, not 1)}^ gen- 
eral precedent in the region, but by the actual value of the timber as 



Sales of Timber and Free Use of Timher. 59 

determined by it.s character, difficulty to log, and distance from market. 
Timber on a gentle slope and near a mill or drivable stream may be 
worth more than twice that made inaccessible b}' canyons or distance. 
The forest officer should determine the cost of marketing all material 
and recommend prices which will make it approximately equally 
desirable. 

The report upon the foregoing points must l)e made upon the blank 
for block description already described. If it provides insufficient 
space, additional matter may be affixed. If the tract applied for is 
less than a block, and the estimate for the latter can not be relied upon 
for the small area in question, a separate estimate should be made and 
submitted upon another blank. 

MARKING AND CUTTING. 

If the application is approved, the head ranger or supervisor (with 
assistance, if necessary) will mark at once all trees to be cut. This is 
imperative in all cases involving living timber. Where only dead 
timber is purchased, and there is no danger of confounding- it with 
timber in various stages of injury or disease, the marking of individ- 
ual trees will be dispensed with. In such instances the forest officer 
may simply bhize and mark the boundar}^ of the cutting area and 
instruct the purchaser in the manner of cutting. 

The marking of standing timber must be done with the "U. S." 
stamping hammer, and all trees must be marked near the ground in 
order that the stumps may afford positive evidence of the marking. 
Where snow may conceal such marking from the cutters it will be 
necessary to mark each tree at a point several feet from the ground 
also. 

Unless an emergency is declared by the Secretary of the Interior, 
no cutting shall be permitted until the advertisement of sale has run 
its course and the district ranger has been notified by the supervisor 
that the successful bidder has made the required advance payment 
and is entitled to the timber. Upon receiving this notice the ranger 
will permit cutting, and as soon as it begins will report the date thereof 
to the supervisor. This statement will be upon the regular scale- 
report blank and will l)egin the ranger's periodical report upon the 
cutting. 

The head ranger will visit the cutting as often as possible, and will 
report fully upon its condition (using blank No. ). 

It is the duty of the ranger to see that the cutting is confined to the 
least possible area and not distributed here and there over the entire 
tract; also that, so far as reasonable, all branches of the logging oper- 
ations keep pace with each other. In no instance will the brush pil- 
ing be allowed to fall behind the manufacture and removal of logs, 



go Sales of Timher and Free Use of limher. 

ties, and other material. The ground must be cleared as fast as the 
work proceeds. 

The manner of piling brush may be varied according to conditions, 
but the object is always to insure ready and clean burning, as soon as 
possible, with the least injury to standing timber and seedlings. The 
piles should be compact and large enough to kindle easih^ and burn 
clean without repiling. When possible they should not be nearer than 
15 feet from standing green trees or dead trees having many branches 
or a covering of moss which might be ignited. Where the density of 
the standing timber makes the above rule impracticable openings 
should be made by cutting, or if this is not feasible, the piling should 
be near the least valuable trees and where there is least danger of the 
fire spreading. All chunks, knotty sections, or other unutilized por- 
tions of trees, as well as the branches, must be piled, and as much of 
such material as possible should be piled together to insure clean burn- 
ing. Where the contract does not oblige the purchaser to utilize the 
trees into the extreme tops, all the remaining portions must be cut up 
and piled or dragged full size into openings, where large piles ma}' be 
burned safely. 

SCALING. 

When possible all timber should be scaled at skidwa}^ or landing and 
not as it lies in the woods. In all reserves the Scribner rule will be 
used for lagging and saw logs, and each stick must be scaled and 
stamped separately. Hasty methods of averaging different sizes will 
not be allowed. 

Railway ties are rated as follows: 
8-ft. ties, 33i ft. B. M. each; 
6-ft. ties, 25 ft. B. M. each. 

Posts, poles, and piles are measured hj linear feet, the valuation 
per foot increasing with the length and size of the stick. 

Shake and shingl(>-))olt material is measured by the cord. 

Square material is scaled like lumber, at its actual contents B. M. , 
making no allowance for saw kerf. Thus, an 8 by 12 inch 16-f t. stick 
contains 128 feet B. M. 

Where green logs 8 inches and over in diameter are made into cord 
wood they are paid for as saw timber, at the rate of 2 cords to the 
1,000 feet B. M. 

All wood and timber must be scaled before removal from the tract 
or landing, and every stick of timber and pile of wood must be stamped 

with the "U. S." marking hammer. 
K , BiNGER Hermann, 

Commissioner. 
Approved February 27, 1902. 
E. A. Hitchcock, 

Secretary of the Interior. 



Timher Sales on Forent Reserves m California — Pasturing. 61 

TIMBER SALES ON FOREST RESERVES IN CALIFORNIA. 

By the act of June 4, 1897, it was the purpose of Congress to pro- 
vide a complete scheme for the control and administration of forest 
reserves, and by the last proviso of the amendatory act of June 6, 
1900, it was intended that forest reservations then existing or there- 
after to be created in the State of California should be exempted from 
the operation of said amendatory act onl}^, the act of 1897 remaining 
in force, unchanged, as to such reservations. (Rose Gold Mining and 
Milling Company, 30 L. D., 377.) 

PASTURING OF LIVE STOCK. 

Act of June 1, 1897 (30 Stat., 35). (See p. 9.) 

Under the authority granted the Secretary of the Interior therein, 
to regulate the occupancy and use of forest reservations, the 
following regulations have been prescribed respecting the pas- 
turing of live stock: 

[Circular.] 

AMENDMENT TO THE RULES AND REGULATIONS GOVERNING 
FOREST RESERVES. 

Department of the Interior, 

General Land Office, 
Washington^ D. C, December ^3^ 1901. 
Paragraph 13 of the Rules and Regulations Governing Forest Reserves 
is hereb}^ amended so as to read as follows: 

PASTURING OF LIVE STOCK. 

13. The pasturing of sheep and goats on the pubUc lands in the forest reservations 
is prohiljited: Provided, That in the States of Oregon and Washington, where the 
continuous moisture and abundant rainfalls of the Cascade and Pacific coast ranges 
make rapid renewal of herbage and undergrowth possible, the Commissioner of the 
General Land Office may, with the approval of the Secretary of the Interior, allow 
the limited grazing of sheep within the reserves, or parts of reserves, within said 
States: And also provided, That when it shall appear that the limited pasturage of 
sheep and goats in a reserve, or part of a reserve, in any State or Territory will not 
work an injury to the reserve, that the protection and improvement of the forests for 
the purpose of insuring a permanent supply of timber and the conditions favorable 
to a continuous water flow, and the water supply of the people will not be adversely 
affected by the presence of sheep and goats within the reserve, the Commissioner of 
the General Land Office may, with the approval of the Secretary of the Interior, also 
allow the limited grazing of sheep and goats within such reserve. Permission to 
graze sheep and goats within the reserves will be refused in all cases where such graz- 
ing is detrimental to the reserves or to the interests dependent thereon, and upon the 
Bull Run Forest Reserve in Oregon, and upon and in the vicinity of Crater Lake and 
Mount Hood, or other well-known places of public resort or reservoir supply. The 
pasturing of live stock other than sheep and goats will not be prohibited in the 
forest reserves so long as it appears that injury is not being done the forest growth 
and water supply and the rights of others are not thereby jeopardized. Owners of 



62 Pasturing of Live Stock. 

all live stock will be required to make application to the Commissioner of the Gen- 
eral Land Office for permits to graze their animals within the reserves. Permits will 
only be granted on the express condition and agreement on the part of the applicants 
that they will agree to fully comply with all and singular the requirements of any 
law of Congress now or hereafter enacted relating to the grazing of live stock in forest 
reserves, and with all and singular the requirements of any rules and regulations now 
or hereafter adopted in pursuance of any such law of Congress; and upon failure to 
comply therewith the permits granted them will be revoked and the animals removed 
from the reserves. Permits will also be revoked for a violation of any of the terms 
thereof or of the terms of the applications on which based. Annual permits may be 
granted by the supervisor in charge of the reserve to persons living within the limits 
of the reserve, w'lere the total number of cattle and horses involved in the permit 
does not exceed one hundred head. 

BiNGF.R Hermann, 

Conimissio7ier. 
Approved, December 23, 1901. 
E. A. Hitchcock, 

Secretary of the Interior. 

[Circular.] 
STOCK-GRAZING IN THE FOREST RESERVES. 

Department of the Interior, 

General Land Office, 
Washington, D. C, May 22, 1903. 
To Forest Officers of the General Land Office. 

Sirs: The Secretarj^ of the Interior, in being charged with the 
proper protection of the forest reserves, has the power to regulate or 
prohibit any and all kinds of grazing therein. 

Whenever it appears that grazing will do no marked damage to the 
reserves, it is allowed by the Department; but until the Secretary has 
decided that it will do no harm, and that a certain number of either 
sheep and goats or cattle and horses vaay graze in a reserve or part of 
a reserve, the grazing of stock is prohibited, and all parties responsi- 
ble for its presence in the reserve prior to such decision by the Secre- 
tary of the Interior are liable to suits for trespass and damage. 

If the grazing is permitted by the Secretary, it is allowed for only 
a stated period of one calendar year at a time, and will not be allowed 
the succeeding year until the Secretary has rendered a decision for 
such succeeding year. 

The grazing, when allowed for any year, is generally governed by 
the following conditions: 

1. Only citizens of the United States, or those who have declared 
their intention to become citizens, are entitled to the grazing privilege. 

2. Stock from one State or Territory is not allowed to graze in a 
forest reserve in another State or Territory: Provided., hoivever, That 
where satisfactory evidence is submitted showing that taxes are paid 



Pasturing of Live Stock. 63 

on any given stock in more than one State or Territory, the habitat of 
such stock shall bo held to be in either State or Territory in which 
such taxes are paid, and such stock shall be eligible to graze in a forest 
reserve in either State or Territory in which such taxes are paid; but 
when a permit is issued for the grazing of such stock in one of the 
States or Territories in which such taxes are paid, it shall not be eligi- 
ble during the lifetime of such permit to graze in a reserve in any 
other State or Territory in which such taxes are paid. 

3. The grazing of sheep, goats, and horses in herds is generally pro- 
hibited. If allowed, it is only in those reserves or in parts of reserves 
where special conditions warrant special privileges, and the sheep and 
goats are restricted, to the limits and the period of grazing fixed by the 
Department. 

4. Cattle are generally allowed to graze in all reserves, and excluded 
only in cases where unfavorable conditions make all grazing undesir- 
able. 

5. The few head of horses of prospectors and travelers are not con- 
sidered in matters of grazing, and require no permit. 

6. When the grazing has been allowed by the Secretary, all persons 
who desire the grazing privilege must make application on a blank 
form furnished by the Department and to be obtained from the forest 
supervisor. These applications must cover no more nor no less stock 
than the applicant actually owns and desires to graze in the reserve, 
and must show the brands of the stock and the grazing period allowed 
during the year. 

7. No stock of any kind is allowed to graze in a reserve without a 
permit based on the application made. All permits, except those for 
100 head or less of cattle and horses owned by persons who live in the 
reserve, are issued by the Department on the applications approved 
and forwarded by the supervisor. 

8. After the Secretary has allowed the grazing for any year, the 
supervisor may issue permits himself for that year for not more than 
100 head of cattle and horses combined, to any one person who actually 
lives in the reserve and who does not own more than 100 head; but the 
permit must not cover more stock than he owns, be it few or man}^, up 
to 100. These reserve residents or farmers must make application, 
which will be retained in the office of the supervisor, the same as out- 
sidei's, before the supervisor will issue the permit. 

9. The stock covered by supervisor's permits is counted against the 
total allowed in the reserve by the Secretary. At the end of each 
month the supervisor should therefore report by letter the name and 
address of each person to whom he has issued a permit during the 
month and the number each of cattle and horses covered by the permit. 

10. The applications of all reserve residents who have more than 
100 head of cattle and horses are to be forwarded to the General Land 



64 Pasturing of Live Stock. 

OflBce the same as the applications of outsiders, and the Department 
will issue the permits thereon. 

11. Grazing applications which are not approved by the forest officer 
must not be forwarded to the General Land Office. If he disapproves 
an application, or reduces it, he should at once notify the applicant 
thereof. 

12. The applications and permits for each of the three classes of 
stock will be given a separate set of numbers from number 1 up, sheep 
and goats being one class, cattle and horses a class, and cattle and 
horses for which the supervisor issues permits a separate class. 

13. Cattle and horses need not, generally, be herded, although in 
exceptional cases the Department may require their herding. They 
will be restricted to the grazing period allowed, except that the stock 
of actual reserve residents, covered by permits, may graze any part 
or all of the year. 

11. Reserves in which grazing is allowed by the Department will 
be divided into sheep and cattle ranges whenever this can be done 
without injury to either interest, but such division must first be deter- 
mined by the Department. At the end of each grazing season the 
supervisor should report fully on any such existing divisions, and 
recommend any changes or further divisions which are warranted by 
existing conditions. 

15. When the owner who has a permit is ready to drive in his stock 
he should notify the supervisor, stating the number, and, if cattle or 
horses, give their brands. 

16. Persons grazing cattle and horses on the reserve only part of 
the time, some days off and some days on, require a permit; but such 
cases should be fully explained by the supervisor when he makes his 
recommendations and estimates. 

17. The stock of applicants for the grazing privilege is given pref- 
erence in the following order: 

{a) Stock of the reserve residents. 

(J) Stock of persons owning farms or ranches in the reserve, but 
not residing thereon. 

(c) Stock belonging in the vicinity of the reserve known as neigh- 
boring stock. 

{d) Stock coming from a considerable distance from the reserve. 

18. Class (J) under paragraph 17 should not be construed so as to 
allow large stock owners to obtain the preference therein given by 
simply buying or obtaining small ranches inadequate for their busi- 
ness. This will not be tolerated. 

19. All persons holding grazing permits pledge themselves to assist 
in protecting the reserve and in preventing and fighting fires. 

20. All persons who violate any of the reserve rules or the terms 



PasParing of Live Stock. 65 

of their applications and permits will be debarred from the use of the 
reserve. 

21. The total number of cattle and horses or sheep that may be 
allowed in a reserve is fixed by the Secretary of the Interior for 
the following year at the end of each grazing season. At the end of 
each season the supervisor should, therefore, go over the grazing 
grounds and exanime into the effect the grazing has had on the reserve 
and make a full report thereon, with such recommendations as to 
changes in the number to 1)0 allowed the following year and such 
changes as to the areas to be opened to grazing as are warranted by 
the season's experience. 

GRAZING ON PRIVATE LANDS WITHIN FOREST RESERVES. 

22. Persons who own, or who have leased from owners, lands 
within any reserve which they desire to use for grazing purposes, and 
who must cross the reserve lands with their stock to reach such private 
holdings, must make application to the supervisor for the privilege of 
crossing. The application nmst be accompanied with an abstract of 
title showing the ownership of the land, and if leased from an owner 
a certified copy of the lease, and must state the number of stock to be 
taken in, the length of time required to cross the reserve land, the 
route over which the stock is to be driven, and the date of starting, 
and the time when the stock will start out again; also how much stock 
the owned or leased lands will carry during the period it is proposed 
to keep the stock thereon. When an}^ such application is made to the 
supervisor he will examine it with care, and, if he finds it reasonable 
and just and made in good faith for the purpose of utilizing such 
private holdings only, he will approve the same and forward it to the 
Commissioner of the General Land Office. After the Secretary 
approves the application due notice thereof will be given the appli- 
cant, through the supervisor, and he may then take his stock in; but 
owners of lands within a reserve where grazing is allowed may 
avail themselves of the grazing privilege under paragraph 6 of this 
circular. 

DRIVING LOOSE STOCK ACROSS FOREST RESERVES TO REACH SHIPPING 
POINTS OR OTHER GRAZING LANDS OUTSIDE OF THE RESERVES. 

23. Persons wishing to cross any part of a forest reserve over a 
public road or trail, established sheep or cattle trail, or the ordinary 
mountain trail, with a band of sheep or herd of cattle or horses (the 
few head of stock following a wagon or pack train being excepted 
from this regulation), must make application to the forest supervisor 
in charge, either by letter or on the regular grazing application form, 

8327—03 — ^5 



66 Pasturing of Live Stock — Grazing Applications and Permits. 

for the privilege of grazing the stock on the reserve en route, and 
must have a permit from the supervisor, to be issued by him on the 
form in use by him for issuing grazing permits. The application 
must state the number of stock to be driven across the reserve, the 
date of starting, and period required for the passage. Grazing on 
the reserve along any such road or trail will only be allowed for the 
period actually necessary for the stock to make the passage across the 
reserve. If the occasion demands, forest rangers will be detailed by 
the supervisor to accompany the stock to see that there is no delay 
and unnecessary trespassing. 

The ordinary application for cattle and horse grazing privilege, 
changed to either sheep, cattle, or horses, as the case ma}^ require, 
may be used for applications to drive loose stock across the reserves. 
Very respectfully, 

W. A. Richards, 

Commissioner. 
Approved May 22, 1903. 

Thos. R.YAN, Acting Secretary. 

FORMS FOR GRAZING APPLICATIONS AND PERMITS. 

The following are the forms in use for grazing applications and 
permits: 

. Application for Sheep-Grazing Privile(;e. 
No. . 



State of 



190—. 



I, , of , being a citizen or having declared my intention to become a 

citizen of the United States and a resident of the State of , do hereby make 

application for the privilege of pasturing not more than head of sheep, actu- 
ally owned by me, within the forest reserve: Pruridcd, That there shall be 

excepted, and on which the animals shall not intrude, the following-described areas, 
localities, and tracts, to wit: . 

It is my desire to graze said animals ujion that part of the reserve bounded and 
described as follows, to wit: exclusive of any of the said excepted areas, local- 
ities, and tracts which may fall within said bounds. 

This application is made for my own exclusive use and benefit, and not directly or 
indirectly for the use of any other person, and not for the purpose of obtaining a 
permit to be sold or relinquished in any manner or for any consideration, and if the 
pasturing is permitted hereunder I do hereby agree that it shall not begin earlier 

than , 190 — , and that it shall end not later than , 190 — , and that the 

animals shall not be corralled within five himdred (500) yards of any rimning stream 
or living spring, and that they shall not intrude on any of the said excepted areas, 
or on any well-known places of public resort or reservoir supply. 

Further, if this application is granted, I do hereby agree to fully comply with all 
and singular the requirements of any law of Congress now or hereafter enacted relat- 
ing to the grazing of live stock in forest reserves, and with all and singular the require- 
ments of any rules or regulations now or hereafter adopted in pursuance of any such 
law of Congress. 



Grazing Applications and Permits. 67 

I also hereby bind myself and employees engaged in caring for the animals while 
on the reserve to extinguish all fires started by any of said employees before leaving 
the vicinity thereof, and to aid in extinguishing all camp and forest fires within the 
territory occupied by me or said employees, and to cooperate generally with the 
forest offi,cers and rangers in protecting the reserve from fires and depredations, if 
possible to do so, and to give timely information thereof to the said forest officers 
and rangers. 

I also further agree that as soon as my animals enter the reserve, and thereafter, 
to notify the forest supervisor in charge of the reserve of their specifu- location, and 
to give a description of the range occupied, to the end that their exact location at all 
times while in the reserve may be known to the forest officers. 

This application is also made with the understanding and full agreement thereto 
that penalties will be imposed for a violation of rules as follows: 

PERMITS CANCELED AND REFUSED. 

1. For obtaining or attempting to obtain a permit on false representations. 

2. For willful trespass upon areas where not permitted, either on closed areas or 
the ranges of others. ^ 

3. For setting out fires to clear range. 

4. For willful negligence in leaving camp or other fires. 

5. For refusing to observe promptly any direct order from the Department requir- 
ing an observance of any rule. 

OTHER PENALTIES. 

The number of sheep covered by a permit to be materially reduced for the follow- 
ing-stated causes, viz: 

1. For crowding onto a neighbor's range without the consent of said neighbor. 

2. For bedding sheep more than six nights in succession in any one place, except 
when bedding bands of ewes during lambing season. 

3. For entering the reserve prior to the date authorized. 

4. For remaining in the reserve after the permit has expired. 

5. For corralling within five hundred yards of a running stream or living spring. 

6. For gross carelessness in leaving camp fires. 

7. For failure to aid in extinguishing a fire occurring within the range occupied 
when possible to do so. 

8. And for such other minor violations of the rules as may occur. 

9. For failure to remove sheep promptly upon order of forest officer when damage 
is being done to the range. 

10. For failure of herder to corral for count, upon order of forest officer or ranger, 
when number of shee}) appears to be greater than the number covered by permit. 

I also agree to forfeit the permit for a violation of any of its terms or of tlie terms 
hereof, or whenever an injury is being done the reserve by reason of the presence of 
the animals therein. 



(P. O. address:' 



Witnessed by- 



(P. O. address:) . 

Examined and recommended , 190 — . , 

Forest Supervisor. 
Application approved , 190 — . 



Commissioner U. S. General Land Office, 



68 Grazing Applications and Permits. 



No. 



Sheep-Grazing Permit. 
[Act of June 4, 1897.] 



Department of the Interior, 

General Land Office, 
Washington, D. C, -, 190—. 

Under Department regulations of December 23, 1901, M — . , of , 

is hereby authorized to pasture head of sheep within the forest 

reserve from , 190 — , to , 190 — : Provided, That the animals shall not 

be corralled within five hundred yards of any running stream or living spring, nor 
intrude upon (to which this permit does not extend) any place of public resort or 
reservoir supply, nor upon any of the areas, localities, and tracts, described as fol- 
lows, to wit: . 

This permit is issued on the conditions that said has, by his application No. 

, dated , 190 — , agreed to fully comply with all and singular the require- 
ments of any law of Congress now or hereafter enacted relating to the grazing of live 
stock in forest reserves, and with all and singular the requirements of any rules or 
regulations now or hereafter adopted in pursuance of any such law of Congress, and 
that he or his employees engaged in caring for the animals while on the reserve will 
extinguish all fires started by himself or any of said employees before leaving the 
vicinity thereof, and to cooperate generally, so far as possible, with the forest oflicers 
and rangers in protecting the reserve from fires and depredations; and that as soon 
as said animals shall enter the reserve, and thereafter, to notify the forest supervisor 
in charge of their specific location, giving a description of the range occupied; and 
that the said application was made with the understanding, and full agreement 
thereto, that penalties will be imposed for a violation of rules, as follows: 

permits canceled and refused. 

1. For obtaining or attempting to obtain a permit on false representations. 

2. For willful trespass upon areas where not permitted, either on closed areas or 
the ranges of others. 

3. For setting out fires to clear range. 

4. For vnUful negligence in leaving camp or other fires. 

5. For refusing to observe promptly any direct order from the Department requir- 
ing an observance of any rule. 

OTHER penalties. 

The number of sheep covered by a permit to be materially reduced for the follow- 
ing-stated causes, viz: 

1. For crowding onto a neighbor's range without the consent of said neiglibor. 

2. For bedding sheep more than six nights in succession in any one place, except 
when bedding bands of ewes during lambing season. 

3. For entering the reserve prior to the date authorized. 

4. For remaining in the reserve after the permit has expired. 

5. For corralling within five hundred yards of a running stream or living spring. 

6. For gross carelessness in leaving camp fires. 

7. For failure to aid in extinguishing a fire occurring within the range occupied 
when possible to do so. 

8. And for such other minor violations of the rules as may occur. 

9. For failure to remove sheep i)romptly upon order of forest officer when damage 
is being done to the range. 

10. For failure of herder to corral for count, upon order of forest officer or ranger, 
when number of sheep appears to lie greater than the number covered by permit. 

This privilege is extended with no obligation or agreement to maintain an exclu- 
sive possession upon any part of said reserve to any one person or firm, nor as to 
adjustment of any conflict as to possession. 



Grazing Applications and Permits. 69 

For a violation of any of tlie ternii-i hereof, or any of the terniH of tlie application 
on which it is based, or wherever an injury is being done the reserve by reason of 
the presence of tlu; animals therein, this permit will be can(;ele(l and the animals 
will be removed from the reserve. 



Comjmissimie.r. 
Approved, , 190 — . , 

Secrelirni of Ihi' Triterinr. 



Application for Cattle and Horse Grazing PuiviLEfiE. 
No. . State of 



, 190—. 

I, , of , being a citizen, or having declared my intention to become a 

citizen, of the United States and a resident of the State of , do actually own 

and do hereby make a})plication for the privilege of jiasturing head of cattle 

and head of horses within the forest reserve: Provided, That there 

shall be excepted, and on which the animals shall not intrude, the following- 
described areas, localities, and tracts to wit: . 

It is my desire to graze said animals upon that part of the reserve bounded and 
described as follows, to wit; . 

This application is made for my own exclusive use and benefit, and not directly or 
indirectly for the use of any other person, and not for the purpose of obtaining a 
permit to be sold or relinquished in any manner or for any consideration, and if the 
pasturing is permitted hereunder I do hereby agree that it shall not begin earlier 

than , 190 — , and that it shall end not later than , 190 — , and that the 

animals shall not intrude on any of the said excepted areas or on any well-known 
places of public resort or reservoir supply. 

Further, if this application is granted, I do hereby agree to fully comply with all 
and singular the requirements of any law of Congress now or hereafter enacted relat- 
ing to the grazing of live stock in forest reserves, and with all and singular the 
requirements of any rules and regulations now or hereafter adopted in pursuance of 
any such law of Congress. 

I also hereby bind myself and employees engaged in caring for the animals while 
on the reserve to extinguish all tires started by any of said employees before leaving 
the vicinity thereof, and to aid in extinguishing all camp and forest tires within the 
territory occupied by me or said employees, and to cooi^erate generally with the 
forest officers and rangers in protecting the reserve from fires and depredations, if 
possible to do so, and to give timely information thereof to the said forest officers 
and rangers. 

I also further agree that as soon as my animals enter the reserve, and thereafter, 
to notify the forest supervisor in charge of the reserve of their specific location, and 
to give a description of the range occupied, to the end that their exact location at all 
times while in the reserve may be known to the forest officers. 

I also agree to forfeit the permit for a violation of any of its terms or of the terms 
hereof or whenever an injury is being done the reserve by reason of the presence of 
the animals therein. 



Witnessed by — (P. O. address:) 



(P. O. address:) -. 

Examined and recommended , 190 — . , 

Application approved , 190 — . Forest Supervisor. 



Commissioner U. 8. General Land Office. 



70 Grazing Applications and Permits. 

Cattle and Horse Grazing Permit. 

No. . [Act of June 4, 1897.] 

Department op the Interior, 

General Land Office, 
Washington, D. C. , ■ ■, IW — . 

Under Department regulations, as amended December 23, 1901, M — . , 

of , is hereby authorized to pasture head of cattle and head of 

horses within the forest reserve from , 190— to , 190—: Provided, 

That the animals shall not intrude upon (to which this permit does not extend) any 
place of public resort or reservoir supply, nor ui)on any of the areas, localities, and 
tracts describe as follows, to wit: . 

This permit is issued on the conditions that the said has, by his application 

No. , dated , 190 — , agreed to fully comply with all and singular the 

requirements of any law of Congress now or hereafter enacted relating to the grazing 
of live stock in the forest reserves, and with all and singular the requirements of any 
rules or regulations now or hereafter adopted in pursuance of any such law of Con- 
gress, and that he, or his employees engaged in caring for the animals while on the 
reserve, will extinguish all fires started by himself, or by any of said employees before 
leaving the vicinity thereof, and to cooperate generally, so far as possible, with the 
forest officers and rangers in protecting the reserve from fires and depredations, and 
that as soon as the said animals shall enter the reserve, and thereafter, to notify the 
forest supervisor in charge of their specific location, giving a description of the range 
occupied: Provided, That this privilege is extended with no obligation or agreement 
to maintain an exclusive possession upon any part of said reserve to any one person 
or firm, nor as to adjustment of any conflict as to possession. 

For a violation of any of the terms hereof, or of any of the terms of the application 
on which it is based, or wherever an injury is being done the reserve by reason of 
the presence of the animals therein, this permit will be canceled, and the aninials 
will be removed from the reserve. 

Commimioner. 
Approved , 190 — . 

Secretary of the Interior. 



Grazing Permit.'^' 

No. . [Act of June 4, 1897.] 

cattle and horses of residents of forest reserves. 

Department of the Interior, 

General Land Office, 

, , 190—. 

Under Department regulations, as amended December 23, 1901, M— . , 

of , being a resident within the forest reserve, is hereby authorized 

to pasture head of horses and head of cattle within said reserve 

from , 190 — , to , 190 — : Provided, That the animals shall not intrude 

upon (to which this permit shall not extend) any place of public resort or reser- 
voir supply, nor upon any of the areas, localities, and tracts described as follows, 

to wit: . 

This permit is issued on the conditions that the said has, by his application 

No. , dated , 190—, agreed to fully comply with all and singular the 



"This is the form used by supervisor.s as provided in paragraph 8. 



Restraint of Unauthorized Grazing. 71 

requirements of any law of Congress now or hereafter cuiacted relating to the grazing 
of live stock in the forest i-eserves, and with all and singular the requirements of any 
rules or regulations now or hereafter adopted in pursuance of any such law of Con- 
gress, and that he, or his employees engaged in caring for the animals while on the 
reserve, will extinguish all fires started by himself or by any of said employees 
before leaving the vicinity thereof, and to cooperate generally, so far as possible, with 
the forest officers and rangers in i)rotecting the reserve from fires and depredations, 
and that as soon as the said animals shall enter the reserve, and thereafter, to notify 
the forest supervisor in charge of their specific location, giving a description of the 
range occupied: Provided, That this privilege is extended with no obligation or 
agreeinent to maintain an exclusive possession upon any part of said reserve to any 
one person or firm nor as to adjustment of any (conflict as to jjossession. 

For a violation of any of the terms hereof, or any of the terms of the application 
on which it is based, or wherever an injury is being done the reserve by reason of 
the presence of the animals therein, this permit will be canceled, and the animals 
will be moved from the reserve. 



Forest Supennsor: 

RESTRAINT OF UNAUTHORIZED GRAZING IN FOREST RESERVA- 
TIONS. 

United States y. Dastervignes et al. 

(Circuit Court, N. I). California. August 18, 1902.) 

No. 13259. 

(118 Fed. Rep., 199.) 

1. Forests — Regulation — Rules — Delegation of Legislative 

Authority. 
The act of Congress approved June 4, 1897 (30 Stat., 35), author- 
ized the Secretary of the Interior, in his superintendence of 
all forest reservations, to "make such rules and regulations 
and establish such service as will insure the objects of such 
reservation, namely, to regulate their occupancy and use 
and to preserve the forests thereon from destruction," Held, 
that the authority given the Secretary is not unconstitutional 
as a delegation of legislative authorit3^ 

2. Same — Use of Public Lands. 

The pasturing of sheep on the Stanislaus Forest Reservation hav- 
ing been forbidden by rule of the Secretary of the Interior 
under authority of act June 4, 1897 (30 Stat., 35), user can 
not give a right of pasturage there. 

3. Same— User. 

Inasmuch as laches can not be invoked against the Government, 
user of Government lands for pasturage gives no right so 
to do. 



72 Restraint of Unauthorized Grazing, 

4. Same — Restraining Use — Bill — Allegations. 

A bill seeking to restrain defendants from pasturing- sheep on a 
certain forest reservation alleged that defendants drove sev- 
eral bands of sheep upon the reservation. Ileld^ that a 
demurrer on the ground that there was a misjoinder of defend- 
ants was of no merit, since, while it did not appear that the 
defendants committed several acts of trespass, it appeared 
there was a joint offense, and, even if the acts were several, 
they might all be included in one equitable action, the law 
and testimony applicable to each defendant being the same. 

5. Same — Allegations — Damages. 

Where a bill to restrain the pasturage of sheep on a certain forest 
reservation alleged that the grasses, herbage, and under- 
growth were injured by the tramping, traveling, and driving 
of the sheep, the allegations as to damage were sufficient to 
warrant continuance of a restraining order pendente lite. 

Dastervignes et al. v. United States. 

(Circuit court of appeals, ninth circuit. March 2, 1903. ) 

No. 893. 

(122 Fed. Rep., 30.) 

1. Constitutional Law — Delegation of Legislative Power — Act 

Authorizing Regulations for Forest Reservations. 
The provisions of the sundrj^ civil appropriation act of June 4, 
1897, relating to forest reservations (30 Stat., 35 [U. S. Comp. 
St. 1901, p. 1540]), which authorizes the Secretary of the 
Interior to "make such rules and regulations and establish 
such service as will insure the objects of such reservations, 
namely, to regulate their occupancy and use and to preserve 
the forests thereon from destruction," and which itself pre- 
scribes the penalty for violation of such regulations, is not 
unconstitutional as delegating legislative power to an admin- 
istrative officer, but is a valid delegation of power to make 
administrative regulations in relation to details necessary to 
carry out the purpose of the act. 

2. Forest Reservations — Validity of Regulations — Exclusion 

OF Sheep. 
Rule 13, made and promulgated by the Secretary pursuant to such 
authority, which prohibits the pasturing of sheep and goats 
on public lands in the forest reservation, except in cases 
where permits for their limited grazing may be granted by 
the land department with the approval of the Secretary, is a 
proper and legitimate exercise of the authority conferred, 
which gives the Secretary the right to exclude from the res- 



Unauthorized Grazing — Reciting or Leasing Lands near Springs. 73 

ervations any class of live stock found to })e destructive of 
the purpose for which they were created; and such rule can 
not be said to create an unjust or illegal discrimination against 
the owners of the sheep, which constitute^ a class of live stock 
ditl'ering from any other in respect to pasturage, and which 
has uniformly been recognized as a pi'oper subject for special 
legislation and regulation. 

3. Same — Injunction Against Pasturage of Sheep — Grounds. 

A bill filed by the United States to enjoin the pasturage of sheep 
in a forest reservation, in violation of the regulations pre- 
scribed by the Secretary of the Interior, alleged that the 
sheep pastured within the reser^^ation were committing great 
and irreparable injury to the public lands therein and to the 
undergrowth, timber, and water supply. Affidavits filed in 
support of sucli allegations recited that the sheep of defend- 
ants destroyed undergrowth, young and growing trees and 
seedlings, and ate and destroyed the roots of the vegetation 
and grasses, leaving the ground bare and subject to disastrous 
washings by the rains, to the irreparable injury of the reser- 
vation. Held, that such allegation and showing constituted a 
sufficient ground for the granting of a preliminary injunction. 

4. Equity — Sufficiency of Bill — Multifariousness. 

A bill by the United States against a number of defendants, to 
enjoin them from pasturing sheep in a forest reservation, is 
not subject to the objection of misjoinder and multifarious- 
ness where it alleges that defendants are pasturing two bands 
of sheep in the reservation, and contains no averments which 
show or indicate any separate or distinct rights or different 
interests as between the several defendants. 
(See also United States v. Tygh Valley Land and Live Stock Co.; 
76 Fed. Rep., 693.) 

RENTING OR LEASING LANDS NEAR OR ADJACENT TO SPRINGS 
WITHIN FOREST RESERVATIONS. 

Act of February 28, 1899 (30 Stat., 908). 

Authorizes the Secretary of the Interior to rent or lease suitable 
spaces and portions of ground near or adjacent to mineral, 
medicinal, or other springs within public forest reserves. 

[Act of February 28, 1899 (30 Stat., 908).] 

Chap. 221. — AN ACT to authorize the Secretary of the Interior to rent or lease cer- 
tain portions of forest reserve. 

Be it enacted hy the Senate and House of Representatives 
of the United States of America in Congress assemhJed., That 
the Secretary of the Interior be, and hereby is, authorized, Forest reserves. 



74 Rentiyig or Leasing Lands near Syrings — RhfJds of Way. 
Authority con- ^j^(jgj. ^xxch. rules and resfulations as he from time to time 

ferred to lease » 

grounds^^in, for jjjj^y make, to rent or lease to responsible persons or cor- 
porations applying therefor suitable spaces and portions 
of ground near, or adjacent to, mineral, medicinal, or other 
springs, within an}^ forest reserves established within the 
United States, or hereafter to be established, and where 
the public is accustomed or desires to frequent, for health 
or pleasure, for the purpose of erecting upon such leased 
ground sanitariums or hotels, to be opened for the recep- 
Reguiatious. tiou of the public. And he is further authorized to make 
such regulations, for the convenience of people visiting 
such springs, with reference to spaces and locations, for 
the erection of tents or temporary dwelling houses to be 
erected or constructed for the use of those visiting such 
springs for health or pleasure. And the Secretary of the 
Interior is authorized to prescribe the terms and duration 
and the compensation to be paid for the privileges granted 
under the provisions of this Act. 
Funds to be Sec. 2. That all fuuds arising from the privileges granted 

used for care of o i o o 

forest reserves, hereunder shall be covered into the Treasury of the United 
States as a special fund, to be expended in the care of pub- 
lic forest reservations. 



SCOPE OF THE ACT IN REGARD TO THE EXTENT OF AREA 
THAT MAY BE LEASED. 

The act of February 28, 1899, authorizing the Secretary of the Inte- 
rior to lease lands adjacent to mineral springs within forest reserves 
for hotel or sanitarium purposes, contemplates the leasing of land 
not wholly occupied by the hotel or sanitarium, whenever such 
action is necessary to the proper conduct of such hotel or sani- 
tarium, and to make the beneficial properties of the springs avail- 
able to the public. (Opinion, 28 L. D., 386.) 

RIGHTS OF WAY ACROSS FOREST RESERVES. 

I. Act of June 4, 1897 (30 Stat., 36). (See page 9.) 
Contains the following provision: 

Nothing herein shall be construed as prohibiting the egress 
or ingress of actual settlers residing within the bound- 
aries of such reservations, or from crossng the same to 
and from their property or homes; and such wagon roads 
and other improvements ma>' be constructed thereon as 
ma}' be necessary to reach their homes and to utilize 



Rights of Way. 75 

their property under such rules and regulations as may 
be prescribed by the Secretary of the Interior. Nor 
shall anything herein prohibit any person from (entering 
upon such forest reservations for all proper and lawful 
purposes, including that of prospecting, locating, and 
developing the mineral resources thereof: Pi'ovided^ 
That such persons comply with the rules and regula- 
tions covering such forest reservations. (See regu- 
lations under, contained in circular of April 4, 1900, 
p. U.) 
The act of June 4, 1897, provid(\- for the control and admin- 
istration of all public lands set apart as forest reserves 
by the President, under section 21:, act of March 3, 1891, 
but makes no grant of right of way through these reser- 
vations, and does not give the Secretary of the Interior 
any new or additional authority to permit the use of a 
right of way through them or within their boundaries, 
and is not applicable to reservations created by special 
act of Congress. (Opinion, 28 L. D., 474.) 

II. Canals, Ditches, and Reservoirs in Forest Reserves. 

The grant made by the act of March 3, 1891, of rights of wa}^ for 
canals, ditches, and reservoirs over public lands and reserva- 
tions of the United States was limited, by the terms of said 
act, to companies formed for purposes of irrigation, and 
while section 2 of the act of May 11, 1898, amendatory of the 
act of 1891, permits the use of rights of way, granted under 
said act of 1891, for other purposes, it does not enlarge the 
class of grantees, or make a new grant; hence, under these 
acts, the Secretary of the Interior has no authority to grant 
the right to establish a reservoir, or construct a ditch for 
mining or domestic purposes, within the limits of the Yosem- 
ite Park, or any forest reserve in California. (Opinion, 28 
L. D., 474.) 

[Also Hamilton Irrigation Company (21 L. D., 330) and 
Crystal Lake Irrigation and Power Company (27 L. D. , 315), 
construing the act of May 14, 1896; 29 Stat., 120.] 

III. "Deficiency" Act of March 3, 1899 (30 Stat., 1233). 
Contains the following provision: 

That in the form provided by existing law the Secretary of 
the Interior may file and approve surveys and plats of 
any right of way for a wagon road, railroad, or other 
highway over and across any forest reservation or reser- 
voir site when in his judgment the public interests will 
not be injuriously affected thereby. 



76 Rights of Way. 

IV. Act of February 15, 1901 (3] Stat., 790). 

Authorizes the Secretary of the Interior to permit the use of 
rights of way through the public lands, forest, and other res- 
ervations of the United States and certain national parks for 
purposes therein specified. 

The full text of the act and regulations issued thereunder on July 
8, 1901, are contained in the following circular: 

[Circular.] 

REGULATIONS CONCERNING RIGHT OF WAY OVER PUBLIC 

LANDS. « 

The following regulations are promulgated under the acts of Con- 
gress approved February 15, 1901 (31 Stat, 790), January 21, 1895 
(28 Stat., 635), and section 1 of the act of May 11, 1898 (30 Stat., 404). 
The act of February 15, 1901, supra, entitled "An act relating to 
rights of way through certain parks, reservations, and other public 
lands," is as follows: 

Be it enacted by the Senate and House of Representatires of the United States of America 
in Congress assembled, That the Secretary of the Interior be, and hereby is, author- 
ized and empowered, under general regulations to be fixed by him, to permit the 
use of rights of way through the public lands, forest and other reservations of the 
United States, and the Yosemite, Sequoia, and General Grant national parks, Cali- 
fornia, for electrical plants, poles, and lines for the generation and distribution of elec- 
trical power, and for telephone and telegraph purposes, and for canals, ditches, pipes, 
and pipe lines, flumes, tunnels, or other water conduits, and for water plants, dams, 
and reservoirs used to promote irrigation or mining or quarrying, or the manufactur- 
ing or cutting of timber or lumber, or the supplying of water for domestic, public, or 
any other beneficial uses to the extent of the ground occupied by such canals, ditches, 
flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or 
other works permitted hereunder, and not to exceed fifty feet on each side of the 
marginal limits thereof, or not to exceed fifty feet on each side of the center line of 
such pipes and pipe lines, electrical, telegraph, and telephone lines and poles, by any 
citizen, association, or corporation of the United States, where it is intended by such 
to exercise the use permitted hereunder or any one or more of the purposes herein 
named: Provided, That such permits shall be allowed within or through any of said 
parks or any forest, military, Indian, or other reservation only upon the approval of 
the chief officer of the Department under whose supervision such park or reservation 
falls and upon a finding by him that the same is not incompatible with the public 
interest: Provided further, That all permits given hereunder for telegraph and tele- 
phone purposes shall be subject to the provision of title sixty-five of the Revised 
Statutes of the United States, and amendments thereto, regulating rights of way for 
telegraph companies over the public domain: And 2Jrorided further. That any per- 
mission given by the Secretary of the Interior under the provisions of this act may 
be revoked by him or his successor, in his discretion, and shall not be held to confer 
any right, or easement, or interest in, to, or over any public land, reservation or 
park. 

« Certain of the requirements in these regulations, bearing upon forest reserves, 
have since been modified, as indicated under the heading "Modification of certain 
of the requirements in the above circular of July 8, 1901." See page 82. 



Rights of Way. 77 

1. This act, in general terms, authorizes the Secretary of the Inte- 
rior, under regulations to be fixed by him, to grant permission to use 
rights of way through the public lands, forest and other reservations 
of the United States, and the Yosemite, Sequoia, and General Grant 
national parks in California, for every purpose contemplated by acts 
of January 21, 1895 (28 Stat., 635), May 14, 1896 (29 Stat., 120), and 
section 1 of the act of May 11, 1898 (30 Stat., 404), and for other 
purposes additional thereto, except for tratnroads^ the provisions relat- 
ing to tramroads.^ contained in the act of 1895 and in section 1 of the 
act of 1898 aforesaid., remaining iinmodifled and not being in any 
mamnefr extended. 

Although this act does not expressly repeal any provision of law 
relating to the granting of permission to use rights of way, contained 
in the acts referred to, yet, considering the general scope and purpose 
of the act, and Congress having, with the exception above noted, 
embodied therein the main features of the former acts relative to the 
granting of a mere permission or license for such use, it is evident 
that, for purposes of administration, the later act should control in so 
far as the same pertains to the granting of permission to use rights of 
way for purposes therein specified. Accordingly all applications for 
vermission to use rights of way for the purposes specified in this act 
must be submitted thereunder. Where, however, it is sought to 
acquire a right of way for the main purpose of irrigation and for 
public or other purposes as subsidiar}' thereto, as contemplated by 
sections 18 to 21 of the act of March 3, 1891 (26 Stat., 1095), and sec- 
tion 2 of the act of May 11, 1898, supra., the application must be 
submitted in accordance with the then existing regulations issued 
under said acts. (For present regulations, see 30 L. D., 325.) 

2. It is to be speciall}- noted that this act does not make a grant in 
the nature of an easement, but authorizes a mere permission in the 
nature of a license, revocable at any time, and it gives no right 
whatever to take from the public lands, reservations, or parks 
adjacent to the right of way any material, earth, or stone for con- 
struction or other purpose. 

3. Application for permission to use the desired right of way 
through the public lands, reservations, and parks designated in the 
act must be filed and permission granted, as herein provided, before 
any rights can be claimed thereunder. Such application should be 
made in the form of a map and field notes, in duplicate, of the center 
line of the right of wa}?^ or of the pipe, telegraph, telephone, or elec- 
trical line, canal, conduit, or reservoir, and must be filed in the local 
land ofiice for the district in which the land traversed by the right of way 
is situate; if in more than one district, duplicate maps and field notes 
need be filed in only one district and single sets in the others. The 
maps, field notes, evidence of water rights, etc., and, when the 



78 Rights of Way. 

applicant is a corporation, the articles of incorporation and proofs of 
organization, must be prepared and filed in accordance with the then 
existing regulations, under the general right-of-way acts (for present 
regulations under said acts see 27 L. D., 633, and 30 L. D., 325), 
appropriate changes being made in the prescribed forms so as to 
specify and relate to the act under which the application is made. 
Permission may be given under this act for rights of way upon unsur- 
veyed lands, maps to be prepared in accordance with the requirements 
of the circulars noted, 

4. An afiidavit that the applicant is a citizen of the United States 
must accompany the application, and if the applicant is an association 
of citizens, each must make affidavit of citizenship, and a complete list 
of the members thereof must be given in an affidavit by one of them; 
if not a native-born citizen, the applicant will be required to file the 
usual proofs of naturalization. The applicant must also set forth in 
the affidavit the purposes for which the right of way is to be used, 
and must show that he in good faith intends to utilize the same for 
such purposes in the event his application therefor is granted. 

5. When application is made for right of way for electrical or water 
plants, the location and extent of ground proposed to be occupied by 
buildings or other structures necessary to be used in connection there- 
with must be clearly designated on the map and described in the field 
notes and forms by reference to course and distance from a corner of 
the public survey. In addition to being shown in connection with the 
main drawing, the buildings or other structures must be platted on 
the map in a separate drawing, on a scale sufficiently large to show 
clearl}' their dimensions and relative positions. When two or more of 
such proposed structures are to be located near each other, it will be 
sufficient to give the reference to a corner of the public survey for 
one of them, provided all the others are connected therewith by course 
and distance shown on the map. The applicant nuist also file an afii- 
davit setting forth the dimensions and proposed use of each of the 
structures, and must show definitely that each one is necessary to a 
proper use of the right of way for the purposes contemplated in 
the act. 

6. Whenever a right of way is located upon a reservation, the appli- 
cant must file a certificate to the effect that the right of way is not so 
located as to interfere with the proper occupation of the reservation 
by the Government, and when located upon any of the national parks 
designated in the act the applicant nuist show to the satisfaction of 
the Department that the location and use of the right of way for the 
purposes contemplated will not interfere with the uses and purposes 
for which the park was originally dedicated, and will not result in 
damage or injury to the natural conditions of property or scenery 
existing therein. When the right of way is located on a forest or 



Rights of Way. 79 

timber reserve, or in any of the designated national parks, the appli- 
cant must file a stipulation under seal to take no timber whatever from 
such reservation or park outside of the right of way and to remove 
no timber within the right of way except only such as is rendered 
necessary by the proper use and enjoyment of the privilege for which 
application is made. The applicant will also be required to give bond 
to the Goverrnnent of the United States, to be approved by the Com- 
missioner of the General Land Office, conditioned to the effect that 
the makers thereof will pay the United States for any and all damage 
to the public lands, timber, natural curiosities, or other public prop- 
erty on such reservation or park, or upon the public lands of the 
United States, b}^ reason of such use and occupation of the reserve or 
park, regardless of the cause or circumstances under which such dam- 
age ma}'^ occur. A bond furnished by any surety company that has 
complied with the provisions of the act of August 13, 1894 (28 Stat., 
279), will be accepted if properly conditioned as aforesaid. The 
amount of the bond can not be fixed until the application has been 
submitted to the General Land Ofiice, when a form of bond will be 
furnished and the amount thereof fixed. 

7. Whenever right of way within a reservation or park is desired 
for operations in connection with mining, quarrying, cutting timber, 
or manufacturing lumber, a satisfactory showing must be made of the 
applicant's right to engage in such operations within the reserve or 
park. 

8. Applications for right of way under this act, all or any part of 
which crosses or is located upon any Indian reservation, before being 
transmitted to the Department, will be submitted by the Commissioner 
of the General Land Ofiice to the Ofiice of Indian Affairs for such 
action and recommendation thereon as that Ofiice may deem proper, in 
so far as the same pertains to such Indian reservation. Applicants 
will be required to furnish, in triplicate, so much of the map and field 
notes as relate to that portion of the right of way applied for, if any, 
within an Indian reservation; and in the event the application is sub- 
sequently granted, one copy of such portion of the map and field notes 
as pertains to such reservation will be placed on file in the Indian Office. 
In this connection, attention is directed to the provisions of section 3 
of the act of March 3, 1901 (31 Stat., 1083), which authorizes the 
granting of permanent rights of way, in the nature of easements, for 
telegraph and telephone purposes onl}^, through Indian reservations 
and other Indian lands upon payment of proper compensation for the 
benefit of the Indians interested therein. The provisions of the latter 
act and the nature and character of the rights authorized to be secured 
thereunder difl'er materiall}^ from the provisions contained in this act 
and the rights authorized to be conferred thereunder. Applicants, 
therefore, desiring to secure permanent rights of way through Indian 



80 Bights of Way. 

reservations or other Indian lands for telegraph and telephone pur- 
poses will be required to submit their applications therefor under the 
act of March 3, 1901, supra., in accordance with the then current regu- 
lations issued thereunder. (For existing regulations under said act, 
see regulations approved March 26, 1901.) 

9. All applications for the use of a right of way under this act, 
through any lands designated therein, for telegraph and telephone 
purposes, must be accompanied by an official statement from the Post- 
Office Department showing that the applicant has complied with its 
regulations under title sixty-five of the Revised Statutes of the United 
States and amendments thereto. 

10. Upon the filing of an application under this act, the register will 
note the same in pencil on the tract books, opposite the tracts trav- 
ersed, giving date of filing and name of applicant, and also indorse 
on each map the date of filing over his written signature. If it does 
not appear that some portion of the public lands, reservations, or 
parks designated in the act would be afi'ected by the approval of such 
maps, they will be returned to the applicant with notice of that fact. 
If vacant public land or lands in any reservation or park so designated 
are affected by the proposed right of way, the register will so certify 
on the map and duplicate over his signature, and will promptly trans- 
mit the same to the General Land Office with report that the required 
notations have been made. 

11. Upon receipt of applications for right of wa}^ by the General 
Land Office, the same will be examined and then submitted to the 
Secretary of the Interior with recommendation as to their approval. 
Permission to use rights of way through a reservation or any park 
designated in the act will only be granted upon approval of the chief 
officer of the department under whose supervision such park or reser- 
vation falls and upon a finding by him that the same is not incompati- 
ble with the public interest. If the application, and the showing 
made in support thereof, is satisfactory, the Secretary of the Interior 
will give the required permission in such form as may be deemed 
proper, according to the features of each case; and it is to be expressly 
understood, in accordance with the final proviso of the act, that any 
permission given thereunder may be modified or revoked hy the Sec- 
retary or his successor, in his discretion, at any time, and shall not be 
held to confer any right, easement, or interest in, to, or over any 
public land, reservation, or park. The final disposal by the United 
States of any tract traversed by the permitted right of way is of itself, 
without further act on the part of the Department, a revocation of the 
permission so far as it afi'ects that tract, and any permission granted 
hereunder is also subject to such further and future regulations as 
may be adopted by the Department. 

12. When permission to use the right of way applied for is given 
by the Secretary of the Interior, a copy of the original map will be 



Rights of Way. 81 

►sent to the local officers, who will mark upon the township plats the 
line of the right of way and will note in pencil, opposite each tract of 
public land affected, that such permission has been given, the date 
thereof, and a reference to the act 

TRAMROADS. 

13. The Secretary of the Interior is authorized to permit the use of 
rights of way for tramroads through the public lands of the United 
States, not within the limits of any park, forest, military, or Indian 
reservation under the provisions of the act of Congress of Januar}^ 21, 
1895 (28 Stat., 635), as amended by section 1 of the act of May 11, 1898 
(30 Stat., 401). The act of January 21, 1895, supra, entitled "An act 
to permit the use of the right of way through the public lands for 
tramroads, canals, and reservoirs, and for other purposes," is as 
follows: 

Be it enacted by tlie Senate and House of Representatives of the United Stales of America 
in Congress assembled, That the Secretary of the Interior be, and hereby is, authorized 
and empowered, under general regulations to be fixed by him, to permit the use of 
the right of way through the public lands of the United States, not within the limits 
of any park, forest, military or Indian reservation, for tramroads, canals or reser- 
voirs to the extent of the ground occu^jied by the water of the canals and reservoirs 
and fifty feet on each side of the marginal limits thereof; or fifty feet on each side of 
the center line of the tramroad, l)y any citizen or any association of citizens of the 
United States engaged in the business of mining or quarrying or of cutting timber and 
manufacturing lumber. 

This act was amended by section 1 of the act of May 11. 1898, supra, 
as follows: 

Be it enacted by the Senate and House of Representatives of the United States of America 
in Congress aesembled, That the act entitled "An act to permit the use of the right of 
way through the public lands for tramroads, canals, and reservoirs, and for other 
purposes, ' ' approved January twenty-first, eighteen hundred and ninety-five, be, and 
the same is hereby, amended by adding thereto the following: 

"That the Secretary of the Interior be, and hereby is, authorized and empowered, 
under general regidations to be fixed by him, to permit the use of right of way upon 
the public lands of the United States, not within limits of any park, forest, military, 
or Indian reservations, for tramways, canals, or reservoirs, to the extent of the ground 
occupied by the water of the canals and reservoirs, and fifty feet on each side of the 
marginal limits thereof, or fifty feet on each side of the center line of the tramroad, 
by any citizen or association of citizens of the United States, for the purposes of fur- 
nishing water for domestic, public, and other beneficial uses. ' ' 

14. Applications for permission to use rights of way for tramroads 
should be prepared and filed in accordance with the regulations here- 
inbefore prescribed relative to presentation of applications for rights 
of way under the act of February 15, 1901, and the then current regu- 
lations issued under the general railroad right-of-way act of March 3, 
1875 (for existing regulations under the latter act, see 27 L. D., 663), 
the prescribed forms in such regulations being so modified as to specify 

8327—03 6 



82 Rights of Way. 

and relate to the acts under which the application is made. It is to 
be specially noted that the acts relating to tramroads do not authorize 
the granting of permission to use rights of way for such purpose 
within the limits of any park, forest, military, or Indian reservation, 
and it is to be further noted that permission to use rights of way for 
tramroads over public lands, when granted, only confers a right in the 
nature of a license and is subject to all the conditions and limitations 
hereinbefore stated in paragraph 11 of these regulations. 

BiNGER Hermann, 

Comirdss loner. 
Approved, July 8, 1901. 

E. A. Hitchcock, Secretary. 

MODIFICATIONS OF CERTAIN OF THE REaUIREMENTS IN THE 
ABOVE CIRCULAR OF JULY 8, 1901. 

The requirements of the circular of July 8, 1901, issued under act 
of February 15, 1901 (31 Stat., T90), were so modified b}' the Secretar}'' 
of the Interior May 10, 1902, in the Luella Deal case, as to dispense 
with survey and field notes in case of application by an individual for 
right of way through a forest reserve for short irrigation ditches and 
small reservoirs needed by ranchers and settlers. The following cir- 
cular letter of instructions to forest officers has been issued in accord- 
ance with this ruling: 

Department of the Interior, 

General Land Office, 
Washington, May 19, 1903. 
To Forest Officers. 

Gentlemen: In the matter of constructing ditches and reservoirs upon public 
lands, forest or other reserves of the United States, the act of February 15, 1901 (31 
Stat., 790), requires a right of way therefor from the Secretary of the Interior. 
Where the project is within the limits of a forest reserve the right of way may be 
procured by proper application submitted in one of two Avays. 

First. Through the forest supervisor in cases of individual applications involving 
small projects of a private and personal character, where the reservoir site will occupy 
but a few acres, perhaps 5 acres or thereabouts, and the ditch will not be longer 
than perhaps a half mile, or mile, or thereabouts, and the cross sections not exceed- 
ing perhaps 4 square feet or thereabouts. The application must be accompanied 
by affidavit, certificate, and stipulation as follows: 

Affidavit statement by the applicant showing — 

1. That he is a citizen of the United States. 

2. Setting forth the purpose for which the right of way is to be used. 

3. The location of the land to be affected thereby. 

4. That he in good faith intends to use the right of way for the purpose stated, in 
the event his application is granted. 

5. If for a reservoir, the location and area of forest-reserve land to be occupied; 
if for a ditch or ditches, the length and direction thereof: 

(a) The length which will traverse forest-reserve lands. 

(6) The length which will traverse private lands within forest-reserve limits. 

(c) The length which will traverse public lands outside forest-reserve limits. 

6. The source of the water supply. 

7. How the water is to be conducted on the land to be benefited thereby. 



Mights of Way — Schools and Churches. 83 

8. Whether there are any other water rights on the stream from which the water 
is to be taken; and, if so, whether the stream furnishes all the water needed for those 
rights at all times of the year, and whether the proposed reservoir or ditch would 
be likely to interfere with those rights, at least during dry seasons. 

Certificate required from the applicant must be to the effect that the right of way 
is not so located as to interfere with the proper occupation of the reserve by the 
Government. 

Stipulation under seal must be filed by the applicant that no timber whatever will 
be removed from the forest reserve outside of the right of way, and that no timber 
within the right of way will be removed excejit only such as is necessary to enable 
the proper construction and the use and enjoyment of the privilege for Avhich his 
application is made. 

The proper forest supervisor should transmit the application to this Office with his 
report thereon and recommendation, giving his reasons for such recommendation. 
(See Forest Reserve Manual, p. 71.) 

And, second. For enterprises of greater magnitude than above indicated, whether 
private or corporate, and which are to be established and maintained by or for the 
interest and benefit of an individual, or a company or association, ajiplication should 
be made through the proper local land office in accordance with the requirements of 
the circular of July 8, 1901, issued under the said act of February 15, 1901. 

Forest officers are hereby instructed to act in accordance with the above require- 
ments, and to make due effort to have them fully understood within their respective 
jurisdictions. 

Very respectfully, W. A. Richards, 

Commissioner. 

The requirements of circular of July 8, 1901 (31 L. D., 13), were 
so modified by the Secretary of the Interior, November 17, 1902, on 
Office recommendation of November 3, 1902, as to dispense with survey 
and field notes, etc., in cases of application by individuals for permis- 
sion to construct short telephone lines between small hamlets, mining 
camps, etc. , when regular right of way is not required, wires being 
strung largely on trees, suspended across canyons or streams, and 
needing posts or poles for only a small portion of the line. 

For ruling relative to wagon roads in connection with mining claims, 
see under the heading "Wagon roads for benefit of mining claims" 
(p. 38). _ 

For right of way privileges in respect to individual forest reserva- 
tions, see under the heading "Local Laws" (p. 102). 

OCCUPATION OF LANDS FOB SCHOOL AND CHURCH PURPOSES. 

Act of June 1, 1897 (30 Stat., 36) (see p. 9), 
Contains the following provision: 

The settlers residing within the exterior boundaries of such 
forest reservations, or in the vicinity thereof, may main- 
tain schools and churches within such reservation, and 
for that purpose maj^ occupy any part of said forest 
reservation, not exceeding two acres for each schoolhouse 
and one ftcre for a church. (See regulations in circular of 
April 4, 1900, p. 14.) 



84 Indian Allotment Lands — Unapproved Selections — Injunctions. 

Permission to occupy lands within a forest reserve for church 
and school purposes, under the provisions of the act of 
June 4, 1897, asked for on behalf of a corporation, may 
be granted to the petitioners as individuals, where it 
appears that they are settlers residing in the vicinity of 
said reserve. (T. S. C. Lowe et ah; 28 L. D., 89.) 

PERMITS FOR SPECIAL PEIVELEGES NOT TRANSFERABLE. 

Permits allowed by the Department for special privileges or any 
occupancy and use of forest-reserve lands, not specihcally provided for 
under the terms of the laws, are not transferable, and may be revoked 
at any time by the Secretary of the Interior. Should the property on 
or in which the special privilege is conducted be sold or leased to 
another, timely application for a permit to continue the privilege, occu- 
pancy, or use should be made before the change of occupancy is effected. 
(Commissioner of the General Land Office to Forest Superintendent 
F. A. Fenn, December 28, 1901.) 

INDIAN ALLOTMENT LANDS WITHIN FOREST RESERVES. 

Indian allotment lands within a forest reserve are doubly guarded 
from unlawful occupancy and use, under the terms of the act of Feb- 
ruary 8, 1887 (24 Stat., 488), and act of June 4, 1897 (30 Stat., 34-36). 
(Commissioner of the General Land Office to Forest Supervisor F. N. 
Haines, February 24, 1902.) 

STATUS OF UNAPPROVED SELECTIONS, UNDER RAILROAD OR OTHER 
GRANTS, WHEN INCLUDED WITHIN A FOREST RESERVE. 

A selection made under a railroad or other grant in accordance with 
existing regulations, and duly accepted or recognized by the local 
officers, is a "lawful filing" within the meaning of that term as used 
in the excepting clause of the proclamation of June 29, 1898, creating 
an addition to the Pine Mountain and Zaca Lake Forest Reserve. 

Departmental decision of April 14, 1899 (28 L. D.,281), in the case 
of Southern Pacific Railroad Company, recalled and vacated. (South- 
ern Pacific Railroad Co.; 32 L. D., 51.) 

INJUNCTION GRANTED AGAINST TRESPASSING ON A FOREST RESERVE. 

A bill filed by the United States to enjoin the pasturage of sheep in 
a forest reservation, in violation of the regulations prescribed by the 
Secretary of the Interior, alleged that the sheep pastured within the 
reservation were committing great and irreparable injury to the public 
lands therein, and to the undergrowth, timber, and water supply. 
Affidavits filed in support of such allegations recited that the sheep of 
defendants destroyed undergrowth, young and growing trees and seed- 



Fires on the Public Domain. 85 

iings, and ate and dc^stroyi^d the roots of the vegetation and ofrasses, 
leaving- the ground bare and subject to disastrous washings by the rains, 
to the irreparable injury of the reservation. Held, that such allega- 
tion and showing constituted a sufficient ground for the granting of a 
preliminary injunction. (Dastervignes et al. v. United States. Circuit 
court of appeals, ninth circuit; 122 Fed. Rep., 30. Syllabus.) 

FIRES ON THE PUBLIC DOMAIN. 

[Circular — Forest fires.] 

Department of the Interior, 

General Land Office, 
Washhigton, D. C. , June 18, 1900. 
For the information of all concerned, attention is called to the fol- 
lowing act of Congress, approved May 6, 1900, entitled "An act to 
amend an act entitled 'An act to prevent forest fires on the public 
domain,' approved February twenty-fourth, eighteen hundred and 
ninety -seven." 

Registers and receivers. United States land offices, special agents 
and forest officers, General Land Office, should promptly report to 
the proper United States attorney all information they may receive 
relative to the violation of the provisions of this law. 

BiNGER Hermann, Commissioner. 
Approved, June 18, 1900. 

E. A. Hitchcock, Secretary. 

[Act of May 5, 1900 (31 Stat., 169).] 

Chap. 349. — AN ACT to amend an act entitled "An act to prevent forest fires on the 
public domain," approved February twenty-fourth, eighteen hundred and ninety- 
seven. 

Be it enacted by the Senate and House of Rejyresentatives of the 
United States of America in Congress assemMed., That an act entitled 
"An act to prevent forest fires on the public domain," approved Feb- 
ruary twenty-fourth, eighteen hundred and ninety-seven, be, and the 
same is hereby, amended so as to road as follows: 

"That any person who shall willfully or maliciously set on fire, or cause to be set 
on fire, any timber, underbrush, or grass upon the public domain, or shall leave 
or suffer fire to burn unattended near any timber or other inflammable material, 
shall be deemed guilty of a misdemeanor, and upon con^^ction thereof in any dis- 
trict court of the United States having jurisdiction of the same shall be fined in a 
sum not more than five thousand dollars or be imprisoned for a term of not more 
than two years, or both. 

"Sec. 2. That any person who shall build a fire in or near any forest, timber, or 
other inflammable material upon the public domain shall, before leaving said fire, 
totally extinguish the same. Any person failing to do so shall be deemed guilty of 
a misdemeanor, and upon conviction thereof in any district court of the United 
States having jurisdiction of the same shall be fined in a sum not more than one 
thousand dollars or be imprisoned for a term of not more than one year, or both. 



8^ Fi7'e- Warning Notices. 

"Sec. 3. That in all cases arising under this act the fines collected shall be paid 
into the pii1>lic school fund of the county in which the lands where the offense was 
committed are situated." 

PENALTY FOR DESTRUCTION OF FIRE-WARNING NOTICES. 

The following instructions have been issued by the General Land 
Office, under dates of October 19 and 24. 1900, to the several forest 
officers: 

The tearing down of a fire-warning poster is a destruction of Gov- 
ernment property and a defiance of the law thereby promulgated to 
the public. The act is willful and malicious. 

The going upon a Government reservation and committing such an 
act is a willful trespass, and is punishable under the penalty for tres- 
pass in the act of June 4, 1897 (30 Stat., 34—36), providing for the 
administration and protection of forest reserves. 

All persons guilty of tearing down or otherwise defacing or destroy- 
ing fire notices should be prosecuted as above indicated, and you will 
instruct your men accordingly. 

The following notice was prepared for posting generally throughout 
the forests on the public lands and in forest reserves: 

Forest Fires! Warning! 

Department of the Interior, 

General Land Office, 
Washington, D. 61, Mwrcli 26, 1903. 

Large areas of forest, public and private, are destroyed each year 
by tire. This destruction is an injury to everyone, and is a great dam- 
age, especially in all mountain countries, where a regular flow of the 
streams is of vital importance. The forest is the most eflective means 
of preventing floods and producing a more regular flow of water for 
irrigation and other useful purposes. 

To prevent the mischievous forest fires Congress passed the law 
approved May 5, 1900, which — 

Forbids setting fire to the woods, and 

Forbids leaving fires — camp fires and others — without first extin- 
guishing the same. 

This law provides a maximum punishment in — 

A fine of $5,000 or imprisonment for two years, or both, if a fire is 
set maliciously, and 

A fine of $1,000 or imprisonment for one year, or both, if fire results 
from carelessness. 

It also provides that the money from such fines be paid to the school 
fund of the county in which the offense is committed. 

Directions. — Since so many fires start from neglected camp fires, 
the public is requested as follows: 

1. Do not build a larger fire than you need. 



Fire- Warning Notice — Forest-Reserve Boundaries Notice. 87 

2. Do not build your tires in dense masses of pine leaves, duif, and 
other combustible material, where the fire is sure to spread. 

8, Do not build your tire aoainst larue logs, especially large rotten 
logs, where it requires much more work and time to put the fire out 
than you are willing to expend, and where you are rarely quite certain 
that the fire is really and completely extinguished. 

4. In windy weather and in dangerous places dig a fire hole and clear 
off a place to secure your fire. You will save wood and trouble. 

5. Every camp fire should be completely put out before leaving 
camp. 

6. Do not build fires to clear off land and for other similar purposes 
without informing the nearest ranger or the supervisor, so that he 
may assist you. 

These warning notices are posted for your benefit and the good of 

every man in and near this forest, and it is hoped, therefore, that 

everyone will see that they remain intact and useful as long as possible. 

W. A. Richards, 

Commissioner of t fie General Land Office. 
Approved. 

E. A. Hitchcock, 

Secretary of the Interior. 

rOREST-RESEBVE BOUNDARIES. 

The following notice was prepared for posting along the boundaries 
of forest reserves: 

This Marks the Forest-Reserve Boundary. 

Department of the Interior, 

General Land Office, 

Washington, D. C, August 18^ 1902. 

object of forest reserves. 

The object of setting this land aside as a forest reserve is: 

1. To protect a growth of timber on land which is not fit to grow 
other kinds of crops. 

2. To keep a growth of vegetation, especially of timber, on lands 
which would otherwise wash and gully. 

The timber and other vegetation protects the ground against this 
washing, and thus it does two things: 

It prevents the rain and snow water from rushing off as fast as it 
otherwise would, and thus prevents floods. 

It maintains a pervious layer of earth into which the water can soak 
and be stored up for the summer months, when, in most Western States, 
it is needed for irrigation. 

3. It is for the welfare of the people of this particular region, more 



88 Forest- Reserve Boundaries Notice. 

than that of other localities, that this reserve is created; it is for the 
settler and home builder of this region that the National Government 
expends large sums of money to insure to his home the benelit of 
future supplies of timber and water and a protection against flood and 
drought. 

REGULATIONS. 

The following are among the principal regulations governing forest 
reserves: 

1. Agricultural settlement of any kind and under an}^ claim is 
forbidden. 

2. Timber ma}^ be obtained as follows: 

(a) Under the "free use" permit any settler or prospector can 
obtain timber free of charge for his own use. 

(J) By purchase. Application for timber is made to the super- 
visor of the reserve. 

3. Persons wishing to graze stock other than riding, pack, or team 
animals, and persons wishing to cross the reserve with herds of sheep, 
cattle, or horses, should apply for permit to the supervisor. 

4. Persons wishing to erect and occupy buildings for purposes of 
carrying on any kind of business other than mining should apply to 
the supervisor or to the Secretary of the Interior. 

5. Prospecting and mining is permitted anywhere in the reserve, 
but it is forbidden to take up land as mining ground and use it for 
other purposes than mining. 

6. Rangers and other forest officers are game wardens within the 
reserve, as the law requires them to assist in the enforcement of the 
local game laws. 

fire warning. 

The Law of May 5, 1900: 

Forbids setting fire to the woods, and forbids leaving fires, camp 
fires, and others without first extinguishing the same. 
This Law Provides: 

A maximum fine of $5,000, or imprisonment for two years, or 
both, if the fire is set maliciously, and a fine of $1,000, or 
imprisonment one year if the fire is due to carelessness. 
It also provides that the money from these fines goes to the school 
fund of the county in which the ofl'ense is committed. 

Any person desiring information concerning forest reserves should 
address "The Commissioner of the General Land Office, Washing- 
ton, D. C." 

W. A. Richards, 

Acting Commissioner. 
Approved: 

Thos. Ryan, 

Acting Secretary of the Interior, 



Msh and Game — Surveys of Forest Reserves and Adjacent Lands. 89 

FISH AND GAME LAWS. 

Enforcement of State and Tekritokial Laws. 

The act of March 3, 1899 (30 Stat., 1095), "sundry civil;'' the 
act of February 9, 1900 (31 Stat., 21), "urgent deficiency;" 
the act of June 6, 1900 (81 Stat., (311), "sundry civil;" the 
act of March 3, 1901 (31 Stat., 1037), "deficiency;" the act 
of March 3, 1901 (31 Stat., 1158), "sundry civil;" the act of 
June 28, 1902 (32 Stat., 452), "sundry civil;" and the act of 
March 3, 1903 (32 Stat., 1115), "sundry civil," contain the 
following provision: 

Proiided further, Tliat forest agents, superintendents, supervisors, and all other 
persons employed in connection with the administration and protection of forest 
reservations shall, in all ways that are practicable, aid in the enforcement of the 
laws of the State or Territory in which said forest reservation is situated in relation 
to the protection of fish and game. 

SURVEYS OF FOREST RESERVES AND OF ADJACENT LANDS. 

I. Act of June 1, 1897; 30 Stat., 34. (See page 9.) 

Provides for the survey by the United States Geological Survey 
of the public lands that have been or may hereafter be desig- 
nated as forest reserves, under section 24 of the act of March 
3, 1891 (26 Stat., 1095), including public lands adjacent thereto; 
and prescribes requirements respecting the returns to be 
made of such surveys. 
Adjacent Lands. 

In carrying out the provisions of the act of June 4, 1897, 
with respect to the survey of forest reservations, the 
phrase "public lands adjacent thereto" should be con- 
strued to mean townships, either fractional or entire, 
actually adjoining such reservations. (Instructions, 25 
L. D., 140.) 

II. Act of March 3, 1899 (30 Stat., 1097). 
Contains the following provision: 

'"''And provided further., That hereafter all standard, meander, 
township, and section lines of the public land surveys shall, 
as heretofore, be established under the direction and super- 
vision of the Commissioner of the General Land Ofiice, whether 
the lands to be surveyed are within or without reservations, 
except that where the exterior boundaries of public forest 
reservations are required to be coincident with standard, 
township, or section lines such boundaries may, if not pre- 
viously established in the ordinary course of the public land 
surveys, be established and marked under the supervision of 
the Director of the United States Geological Survey whenever 
necessary to complete the survey of such exterior boundaries." 



OO Powers of Congress to Control Federal Forest Reserves. 

THE CONSTITUTIONAL POWERS OF CONGRESS TO CONTROL 
FEDERAL FOREST RESERVES. 

[House Doe. No. ;?21, Fifty-.seventh Coiigres.s, first session.] 

Forest Reserves. 

[January 29, 1902. — Ordered to be printed.] 

correspondence in relation to the powers of congress over 
forest reserves situated in the various states, published by 
order of the house of representatives. 

House of Representatives, 

Washington^ Decemher 6, 1901. 
My Dear Sir: In furtherance of my verbal inquiry in regard to 
your views upon the subject of forestr}^ legislation, I wish to obtain 
the benefit of your views upon the constitutional powers of Congress 
to control the various forest reserves where they are situated in the 
States. 

1. As to those reserves situated in the Territories, it seems to me 
quite clear that Congress can accept the Territorial laws or can modify 
or change them at pleasure, and that those reserves are clearly within 
the jurisdiction of the Congress. 

2. As to the enactment of Federal laws to punish the setting out of 
fires or trespasses in cutting or injuring the timber, 1 would be pleased 
to have your views as to what constitutional limitations within the lim- 
its of the States would interfere. In view of the permanent withdrawal 
of these forest lands for a general national purpose, would the powers 
of regulation and control be greater than those which may be exercised 
in the preservation and management of ordinary public lands open to 
entry or settlement where the same are covered with timber? 

The questions involve the general power of enacting statutes punish- 
ing the persons who ma 3^ injure the forests as well as making and 
enforcing regulations for their care. 

3. In these forests the wild game have opportunities to breed and 
find shelter. 

An enlightened public sentiment, though unfortunately too tardy in 
its development, has finall}^ led to the enactment of very efiicient and 
adequate game protection in nearly all the States and Territories, 
which laws, if suitably enforced, would in most instances give adequate 
protection. But unfortunately in many localities these laws are either 
wholly or in part disregarded. The President in his message has 
asked for the enactment of laws creating game preserves in these 
forest reserves. 

This recommendation involves the question as to the extent of Con- 
gressional power and also the choice of methods. 



Powers of CongresH to Control Federal Forest Reserves. 91 

If Congress has no powtT or control over the subject within the 
limits of a State, it has lUKiuestioned authority, in my judgment, to 
prevent interstate commerce in the dead bodies or living creatures 
themselves. 

This control Congress has already asserted in the Federal law pro- 
hibiting transportation from one State to another of such game when 
killed in violation of State laws. 

In the disposition of this question in the forest reserves the custo- 
dians of the forests might l)e directed to make complaints and enforce 
proceedings under the local statutes, thus supplementing the efforts of 
the State authorities. On the other hand, special Federal statutes 
might be framed, if constitutional power exists, to deal directly with 
the question. 

Indirectly, protection might be furnished by preventing trespass of 
all kinds during certain seasons, and thus give incidental protection to 
the w ild inhabitants of these national forests during certain portions of 
the year. 

In this borderland of State and national authority I regard it as of 
the utmost importance that the legislative should keep in view the 
rights and powers of the States and that care should be exercised to 
avoid conflict of jurisdiction where so much depends upon having the 
laws backed up by a friendly local public sentiment. 

I would be gratified to have the benefits of your judgment as to how 
far legislation on these various subjects would be within the constitu- 
tional domain of the Congress. 

Very respectfullv, John F. Lacey. 

Hon. P. C. Knox, 

Attorney- Oeneral United States. 



Department of Justice, 
Washington., D. C, January 3., 1902. 

Sir: Complying with the request therefor contained in your note of 
December 5, 1901, I here transmit to you some of my views upon the 
questions there suggested. These questions are as to the power of 
Congress to enact laws for the protection and control of or relating to 
our national forest reserves when within the limits of a State, and 
specifically to make such reserves, to some extent, refuges for the 
preservation of the remnant of the game in those localities. They 
necessarily involve, also, substantially the same questions as applicable 
to the general public domain, for so far as concerns the question of 
Federal legislative power no difference in principle is perceived. 

I quite agree with you that as to those reserves situated within a 
Territory of the United States this Federal legislative power is ample, 
and the questions are those arising when such reserves are within the 



92 Powers of Congress to Control Federal Forest Reserves. 

limits of a State; but in order to the determinatiou of those it may be 
well to refer briefly to the nature and source of this Federal power 
over the Territories. 

As to the source of this power there has been a diversity of opinion, 
and the power is claimed to have arisen from that provision of the 
Constitution which gives Congress the "power to dispose of and make 
all needful rules and regulations respecting the territor}^ and other 
property belonging to the United States;" and other sources of this 
power have been suggested; but, whatever its origin, the existence of 
this power, as the Supreme Court has several times said, is undoubted. 

While in the Dred Scott case (19 How., 393) it was held that this 
constitutional provision applied only to such territory as the United 
States then had and did not apply to that subsequently acquired by 
treaty or conquest, this has not been acquiesced in in later cases, 
several of which point to this provision as at least one of the sources 
of the power and control which Congress exercises over the various 
Territories. And I think it may be taken as now settled that this 
provision confers upon Congress the power stated over all the 
Territories. 

Congress, then, having sovereignty and ample legislative control of 
the Territories while they are such and of the public lands therein, 
one important question is how far this sovereignty and right of con- 
trol is surrendered to the State by its admission into the Union. And 
here we may look again to the Constitution, then to the acts admitting 
such States, and to their constitutions when admitted. 

And, first, as to the Federal Constitution. Assuming, as I think we 
may, that the provision above referred to applies to all "territory 
and other property belonging to the United States," whether then 
already or subsequently acquired, what was the intended limit of the 
duration of the power thus conferred? Was it intended to continue 
only until the new State was admitted, and to then cease and leave 
Congress and the Government without any power to "dispose of" or 
to "make needful rules and regulations respecting" the public lands 
or "other property " belonging to the United States, or was it intended 
to continue as long as its subject-matter and its necessity continued? 
If the former, we must look to some other source for the power of 
Congress to dispose of and regulate the management of the public 
domain within the limits of a State. If the latter, then this provision 
is ample. 

I do not consider here the case of military forts, posts, dockyards, 
etc., for which special provision is made in the Constitution, nor sites 
for post-ofiices, court-houses, etc., the question of jurisdiction over 
which is generally settled by convention. 

When the Constitution was adopted, we had but one Territory, though 
it is fair to suppose that others were looked upon as possible; but the 



Powers of Congress to Control Federal Forest Reserves. 93 

one that we had was acquired under conditions which required its 
admission into the Union in not less than three nor more than five 
States, with equal sovereignty with that of the original States, and the 
Constitution provided for the admission of new States. Thus, with 
the subject of new States directly in mind, did the framers intend to 
give Congress power to dispose of and manage the public lands while 
in a Territory and to leave it without the power to do either after a 
State was admitted ? For it could not have escaped them that to con- 
fer this power while the Territory remained such was, by the strongest 
implication, to deny it afterwards. Did they intend this ? 

In the first place— and this is quite sufficient for its construction— 
the provision itself imposes no limitation, either of time or of Terri- 
torial or State condition, nor does the nature of the power conferred 
imply any such limitation. On the contrary, the power is as broad 
and general as language could make it, with no limitation whatever, 
either expressed or implied. And the reason and necessity for the 
power are tenfold stronger after the admission of the State than dur- 
ing the existence of the Territory; and there is no rule of law or of 
construction which will permit us to impose a limitation which neither 
the instrument itself nor the nature of the power imposes or implies. 
And the general rule is that when a power is conferred without limi- 
tation, express or implied, it continues as long as the necessity for its 
exercise. And the Supreme Court has more than once said (as in 
Gibson r. Choteau, 13 Wall., 92, on p. 99) "That power is subject to 
no limitations." 

The difficulty and misconstruction here arises chiefly from the use, 
in this clause, of the word "territory." If, instead, the expression 
had been that Congress should have power to dispose of and make all 
needful rules and regulations respecting the land and other property, 
there could have been no question but that this power of disposition 
and control continued after statehood as before. But this is exactly 
what the provision does mean. It does not refer to organized Terri- 
tories, as to which the term "dispose of," and make "rules and regu- 
lations," and "other property" are not appropriate; but it refers to 
land and other property. And this is expressly held in United States 
-y. Grotiot (13 Pet., 526), where it is said (p. 536): 

The term "territory," as here used, is merely descriptive of the kind of property, 
and is equivalent to the word ' ' lands. ' ' And Congress has the same power over it as 
over any other property belonging to the United States, and this power is vested in 
Congress without limitation. 

This of itself would seem to make the meaning fairly certain. Con- 
sider the situation. After a long struggle, which had long delayed the 
adoption of the Constitution, the people had finally settled the owner- 
ship and sovereignty of the lands outside of the States in the General 
Government. It was claimed that as this territory had been wrested 



94 Powers of Congress to Control Federal Forest Reserves. 

from Great Britain by the blood and treasure of the people of all the 
States it should be held for their common benefit, and not for any 
State, and it was finally so settled and agreed and the whole territory 
ceded to the United States for the common benefit of all. At that 
time, next to State jealously of Federal power— if second to even that— 
there were mutual State jealousies of the power of each other, and this 
was one of the causes of the dispute over the public territory, and yet 
it was certain and well known that on the admission of the expected 
new States, with their sovereignty within their borders, all of the 
sovereignty and control of this territory within their borders which 
was not in the United States would be in those States, respectively, 
and that that sovereignty and control which they had so long struggled 
to place in the United States would be passed over to these three to five 
States as they were admitted. This was certain to be the case, for if 
Congress did not have this sovereignty and control after a State was 
admitted, then the State did have it, and no other State could interfere. 
These States might then, by unfriendly legislation or by no legisla- 
tion, or both, so hamper these lands, their sale, occupancy, and con- 
trol as to render them of little value except to those States and their 
people. It is simply incredible that this was intended. If it was 
not, then it was intended that this vital power of disposal and control 
should continue at a time when, of all others, it was most needed. 
While the Territory remained such the sovereignty of the United 
States was complete without any other grant than that contained in 
the cession, and this special grant of power was not at all necessary. 
Its chief, if not its only, use and purpose was that, when and after these 
lands passed into and under the sovereignt}^ of a State, they should do 
so subject to the paramount sovereignty of the United States so far as 
was needful. 

In framing this dual government, this imperium in imperio in which 
each State was to be in man}^ respects sovereign in the nation, and the 
nation in many respects sovereign in each State, the separation of 
these sovereignties and their lines of demarcation must have received 
the most careful attention of those statesmen as one of the most impor- 
tant and difficult problems which confronted them. And, as the con- 
trol and disposal of this territory was one of the most important and 
burning questions of the time, and had long been such, delaying and, 
for a time, endangering the adoption of the Constitution, it would 
seem impossible that when dealing directly with this question provi- 
sion was made for this control while in a Territorial state, and when 
it was little needed, and purposely omitted at a period when, of all 
others, it was most needed. We shall come nearer to the real meaning 
of this provision by reading it as it is so plainly written, without any 
limitation, either of time or Territorial or State condition. 

If authority for this construction be needed it is not lacking, and in 
another connection I shall refer to some cases which come first to hand. 



Powers of Congress to Control Federal Forest Reserves. 95 

Assuming then, as 1 think wo must, that this constitutional provision 
confers upon Congress the power of disposition and control of the 
public lands after the admission into the Union of the States contain- 
ing them, how nuich, if any, of this power is surrendered to the States 
by the acts admitting them into the Union as sovereign States? And 
here the general rule is certain (although questions ma}^ arise as to its 
application to particular cases). So far as its exercise is needful to 
the disposition and full control and management of these lands, Con- 
gress has always been and is incapable of diverting, alienating, or sur- 
rendering any part of it. It is uniformly held that while the title of 
the United States to the public lands is absolute as against every other 
title, yet it is held in trust for the ultimate benefit of all the people in 
such manner as may be prescribed by law, and this is peculiarly the 
case as to the only Territory we had at that time. Congress then, 
being a trustee of the title, can not divert, alienate, or surrender any 
power necessary or proper for the disposal, protection, preser^'ation, 
control, or management of its lands, nor in anyway discharge itself 
from the dutj' of executing the trust confided to it. 

But while this power to make all needful rules and regulations is 
also the power to determine what are needful, and while, therefore, 
this power so conferred is, in terms absolute and unlimited, 3^et, not- 
withstanding some general statements of the Supreme Court, it may 
be well claimed that, after the admission of a State, there is necessarily 
a limit arising from other portions of the Constitution and the general 
powers of the State. For example, may Congress continue to legislate 
for this public land — some of it, perhaps, in small, isolated quanti- 
ties — upon all subjects of municipal legislation, civil and criminal, and 
irrespective of the laws of the State upon the same subjects, as it does, 
for example, in the District of Columbia!; Or, on the other hand, is 
the power of Congress within a State limited to such acts, legislative 
or otherwise, as are required for the disposal, protection, and control 
of such lands ? Or is there, between these, a limit to Federal power, 
legislative or executive? It is not necessary to discuss here the first 
of these questions, for no such general legislation is contemplated, and 
the other two, and also how far Federal control has been surrendered 
by acts admitting States into the Union, may be examined in the light 
of another consideration, viz, the rights incident to ownership. 

Subject to the eminent domain of the State, the collection of taxes, 
the service of process, and other kindred superior rights, the ownership 
of land carries with it, as incident to and a part of such ownership, the 
right of exclusive possession and control, which includes the right to 
forbid and prevent intrusion thereon for any purpose and to prevent 
and remove trespassers. The owner may forcibly prevent such intru- 
sions if he can, or he may apply to the courts for relief or to recover 



96 Powers of Congress to Control Federal Forest Reserves. 

damages. But a private individual may not himself enact laws for the 
protection of his property or to punish trespassers upon his lands. Is 
the United States in the same situation as to its lands within a State? 
Is it without power to itself enact laws for the disposal or management 
of its public lands within a State, or for their protection from tires, 
or the preservation of its timber or minerals thereon? This is 
undoubtedly the case if the United States, as to such lands, has no 
other rights than those of an ordinary proprietor. 

And it must be admitted that nmch that is said by the court in Fort 
Leavenworth Railroad Company t. Lowe (114 U. S., 525) is directly to 
the effect that as to lands within a State, unless jurisdiction is reserved 
in admitting a State, or the land is acquired by the United States with 
the consent of the State for military purposes, etc., as provided in the 
Constitution, the United States has no other rights than those of an 
ordinary proprietor, and that, like other lands, they are subject to the 
sole jurisdiction and sovereignty of the State. And it is in view of 
this that I discuss this question more elaborately than I otherwise would. 
But, if what is there said is to be considered as a denial of all legisla- 
tive power of Congress over such lands, not only is it opposed to the 
uniform practice of the Government from the beginning, with the fre- 
quent approval of that court, and to many contrary declarations of that 
court, but the contrary is directly held in later cases. 

But what is said in that case must be read with reference to and in 
the light of the case then before the court. The question in that case 
was that of the exclusive jurisdiction, or not, of the United States over 
that part of the reservation not used for military purposes. Upon 
the admission of Kansas no reservation of Federal jurisdiction was 
made, but later the State ceded that jurisdiction to the United States 
with this saving clause, viz, the right to serve civil and criminal State 
processes therein, and "saving further to said State the right to tax 
railroad, bridge, and other corporations, their franchises and property 
on said reservation.'' The State levied a tax on a railroad on this 
reservation, and the question of its power to do so depended upon 
whether the reservation was in the exclusive jurisdiction of the United 
States. The court held that, inasmuch as it was not purchased with 
the consent of the State "for the erection of forts, magazines, arsenals, 
dockyards, and other needful buildings," under clause 17, section 8, 
Article I, of the Constitution, the United States had no such exclusive 
jurisdiction, and that, under this saving clause, the State had power 
to tax the railroad propeily; and that the only way by which the 
United States could acquire this exclusive jurisdiction within a State 
was that provided by the Constitution, viz, by purchase with the con- 
sent of the State. 

The question of concurrent jurisdiction or of Federal jurisdiction 
for some purposes, was not discussed nor even mentioned, for it was 



Powers of Congress to Control Federal Forest Reserves. 97 

not involved. Nor was any allusion made to that other constitutional 
provision giving to Congress the power to make needful rules, etc., 
which certainly gave to Congress much greater power than is possessed 
by an ordinary proprietor. And, if the court decided that it did not 
do so, or did not apif)ly to lands within a State, or decided anything 
else upon a question of such vast importance, it did so sub silentio by 
saying nothing about it. That is not the way in which that court set- 
tles questions of such importance. 

From the beginning the whole policy and practice of the Govern- 
ment in respect of its public lands has been based upon the generally 
unquestioned power of Congress to legislate for their disposal, man- 
agement, and protection, in both Territories and States, and with the 
frequent approval of the Supreme Court. It is needless to refer to 
these various acts of legislation as to lands in States and Territories. 
Their name is legion, but each and every one of these acts was the 
assertion and the exercise of Federal jurisdiction and sovereignty, and 
of a right far superior to that of any mere proprietor as to lands within 
a State. 

This must have been either because, in the admission of the State, 
the jurisdiction necessary for that purpose was either expressly or 
impliedly reserved— the latter of which is not probable— or because 
the constitutional provision referred to confers that power, and this 
would seem a quite sufficient source of power. 

In Gibson v. Choteau (13 Wall., 92) it is said in the syllabus that 
"the power of Congress in the disposal of the public domain can not 
be interfered with or its exercise embarrassed by any State legisla- 
tion.-' And on page 99, " With respect to the public domain, the Con- 
stitution vests in Congress the power of disposition and of making all 
needful rules and regulations. That power is subject to no limita- 
tions." Nothing could be more conclusive that this constitutional pro- 
vision applies also to lauds within a State, and that the legislative 
power thus conferred is paramount. 

In Jorden v. Bennett (4 How., 169) it is said (p. ISi): 

By the Constitution Congress is given power to dispose of and make all needful 
rules and regulations respecting the territory and other property of the United States 
for the disposal of the public lands. Therefore, in the new States where such lands 
be Congress may provide by law, and having the constitutional power to pass the 
law, it is supreme. So Congress may prohibit and punish trespassers on the public 
lands. Having the power of disposal and of protection. Congress alone can deal with 
the title, and no State law, whether of limitation or otherwise, can defeat such title. 

This was the holding of the Supreme Court up to the time when the 
Fort Leavenworth case was decided, and it is not supposable that that 
court intended to then overrule these cases and deny this legislative 
power of Congress, and all other powers save such as belong to an 
ordinary individual proprietor, while making no reference whatever 
8327—03 7 



98 Powers of Congress to Gonti'ol Federal Forest Reserves. 

to its previous holdings. That it did not so intend is manifest from 
the only other case which I shall cite upon this question, that of Cam- 
field V. United States (167 U. S., 518), where it is said in the syllabus: 

The Government of the United States has, with respect to its own lands within 
the limits of a State, the rights of an ordinary proprietor to maintain its possession 
and to prosecute trespassers; and may legislate for their protection, though such 
legislation may involve the exercise of the police power. 

And on pages 524, 525, the powers of the Government, both as an 
individual proprietor and as a sovereign, are well stated. 

The lands in question are all within the State of Colorado. The Government has, 
with respect to its own lands, the rights of an ordinary proprietor to maintain its pos- 
session and to prosecute trespassers. It may deal with such lands precisely as any 
private individual may deal with his farming property. It may sell or withhold 
them from sale. It may grant them in aid of railways or other public enterprises. 
It may open them to preemption or homestead settlement, but it would be recreant 
to its duties as trustee for the people of the United States to permit any individual or 
private corporation to monopolize them for private gain and thereby practically drive 
intending settlers from the market. 

And on page 526: 

The General Government doubtless has a power over its own property analogous 
to the police power of the several States, and the extent to which it may go in the 
exercise of such power is measured by the exigencies of the particular case. If it 
be found to be necessary for the protection of the public or of intending settlers to 
forbid all inclosures of public lands, the Government may do so, though the alter- 
nate sections of private lands are thereby rendered less valuable for pasturage. The 
inconvenience, or even damage, to the individual proprietor does not authorize an 
act which is in its nature a purpresture of Government lands. While we do not under- 
take to say that Congress has the unlimited power to legislate against nuisances 
within a State which it would have within a Territory, we do not think the admis- 
sion of a Territory as a State deprives it of the power of legislating for the protection 
of the public lands, though it may thereby involve the exercise of what is ordinarily 
known as the police power, so long as such power is directed solely to its own pro- 
tection. A different rule would place the public domain of the United States com- 
pletely at the mercy of State legislation. 

This, so manifestly the correct doctrine, would seem to cover and to 
settle the whole question and to authorize the proposition that, as to 
public lands within a State, the Government has all the rights of an 
individual proprietor, supplemented with the power to make and 
enforce its own laws for the assertion of those rights and for the dis- 
posal and full and complete management, control, and protection of 
its lands. 

Among these undoubted rights is the right of absolute or partial 
exclusion, either at all or at special times and for any or for special 
purposes. 

While Congress certainly may by law prohibit and punish the entry 
upon or use of any part of these forest reserves for the purpose of 
the killing, capture, or pursuit of game, this would not be sufficient. 
There are many persons now on these reserves by authorit}^ of law, 



Powers of Congress to Control Federal Forest Reserves. 99 

and people are expressly authorized to go there, and it would be nec- 
essary to go further and to prohibit the killing, capture, or pursuit of 
game, even though the entry upon the reserve is not for that purpose. 
But the right to forbid intrusion for the purpose of killing game is 
one thing, and the right to forbid and punish the killing, per se, and 
without reference to an}^ trespass on the property, is another. The 
first may be forbidden as a trespass and for the protection of the prop- 
ert}^; but when a person is lawfull}^ there and not a trespasser or 
intruder the question is different. 

But I am decidedly of opinion that Congress may forbid and punish 
the killing of game on these reserves, no matter that the slayer is law- 
fully there and is not a trespasser. If Congress may prohibit the use 
of these reserves for any purpose, it may for another; and while Con- 
gress permits persons to be upon and use them for various purposes, 
it may fix limits to such use and occupation and prescribe the purpose 
and objects for which they shall not be used, as for the killing, capture, 
or pursuit of specified kinds of game. Generally, any private owner 
may forbid, upon his own land, any act that he chooses, although the 
act may be lawful in itself; and certainly Congress, invested also with 
legislative power, may do the same thing, just as it may prohibit the 
sale of intoxicating liquors, though such sale is otherwise lawful. 

After considerable attention to the whole subject, 1 have no hesita- 
tion in expressing my opinion that Congress has ample power to for- 
bid and punish any and all kinds of trespass upon or injury to the 
forest reserves, including the trespass of entering upon or using them 
for the killing, capture, or pursuit of game. 

The exercise of these powers would not conflict with any State author- 
ity. Most of the States have laws forbidding the killing, capture, or 
pursuit of different kinds of game during specified portions of the year. 
This makes such killing, etc. , lawful at other times, but only lawful 
because not made unlawful. And it is lawful only when the State has 
power to make it lawful by either implication or direct enactment. 
But, except in those cases already referred to, such as eminent domain, 
service of process, etc., no State has power to authorize or make law- 
ful a trespass upon private property. So that, though Congress should 
prohibit such killing, etc., upon its own lands at all seasons of the 
year, this would not conflict with any State authority or control. That 
the preservation of game is part of the public policy of those States 
and for the benefit of their own people is shown by their own legisla- 
tion, and they can not complain if Congress upon its own lands goes 
even further in that direction than the State so long as the open season 
of the State law is not interfered with in any place where such law is 
paramount. 

It has always been the policy of the Government to invite and induce 
the purchase and settlement of its public lands, and as to the existence 



100 Powers of Congress, to Control Federal Forest Reserves. 

of game thereon and in their localities adds to the desirability of the 
lands and is a well-known inducement to their purchase, it may well 
be considered whether, for this purpose alone and without reference 
to the protection of the lands from trespass, Congress may not, on its 
own lands, prohibit the killing of such game. 

Your other questions relate to the method of enforcing these Fed- 
eral powers, if they exist, to the nature and kind of laws therefor. 
While such questions are peculiarly for Congress, yet, as you request 
it, I will suggest what occurs to me. 

You very properly suggest the power of Congress over interstate 
commerce as tending indirectl}^ to this end, by prohibiting interstate 
transportation of game, living or dead, or of the skins or any part 
thereof. There is some legislation upon that subject. I do not take 
the pains to examine this to see how sufficient it is, but if not already 
done something to the end desired may be accomplished in this way, 
but as a remedy this would fall far short of what is required. 

You allude also to the aid and cooperation of forest rangers and 
those in charge for the enforcement of State laws. This would be 
well and especially so in the way of securing good feeling and harmo- 
nious action between Federal and State authorities. There is a pro- 
vision for that in the act of March 3, 1899 (2 Sup. Rev. Stats., 993), 
but it simpl}^ imposes a very general duty, and should be more specific 
as to what acts are required to be done. 

In this connection, and with reference also to the general protection 
of these reserves and the other public lands from fires, cutting timber, 
killing game, and other depredations, I would suggest, in view of the 
existing law as to arrest without a warrant, whether it would not be 
well to give marshals and their deputies, and the superintendents, 
supervisors, rangers, and other persons charged with the protection 
of these reserves, power on the public lands, in certain cases approach- 
ing "hot pursuit," to arrest without warrant. 

Complaints come to this Department that very often the place of 
illegal acts is so far from the office of any magistrate and the means 
of communication such that before formal complaint can be made and 
an officer with a warrant sent there the ofi'enders are beyond success- 
ful pursuit. I commend this to j^our consideration. No matter what 
laws we may have for the protection of these reserves, the public 
lands generally, or the game, they would be in a very great many 
cases wholly inefficient, owing to the impossibility, under the present 
law as to arrests, of their enforcement. 

There are already many statvites against setting fires and trespassing 
upon the public lands. Perhaps these are sufficient, so far as laws go. 
I do not examine this; but as to the protection of game on forest 
reserves drastic laws for that purpose, together with better means, as 
above suggested, for their enforcement, are required. 

I would suggest the making it an ofiense to enter or be upon or use 



Regulations under Act of June ^, 1897 ^ have Force of Law. 101 

any portion of a forest reserve for the purpose or with the intent to 
kill, capture, or pursue (certain specified kinds of) game, or to kill, 
capture, or pursue with intent to kill or capture such game on any 
portion of such reserve, and I would do this for the whole 3^ear as to 
some kinds of game, at least, and make such killing, capture, or pur- 
suit the evidence of such purpose or intent. The latter clause, as 3^ou 
will see, proceeds against the act itself, irrespective of any trespass 
upon the lands, if, indeed, such act does not necessarily involve a 
technical legal trespass. But this may be questionable in case, for 
example, when one who is properly there kills game, I would insert 
it, at any rate, and it will, with the other, operate as a preventive. 
Respectfully, 

P, C. Knox, Attorney- General. 
Hon. John F. Lacey, 

House of Representatives. 

REGULATIONS BY THE INTERIOR DEPARTMENT UNDER THE ACT 
OF JUNE 4, 1897 (30 STAT., 34-36), HAVE THE FORCE OF LAW. 

United States v. Dastervignes et al. 

(Circuit court, N. D. California. August 18, 1892.) 

No. 13259. 

[118 Fed. Rep., 199.] 

1. Forests — Regulations — Rules — Delegation of Legislative 
Authority. 

The act of Congress approved June 4, 1897 (30 Stat., 35), author- 
ized the Secretary of the Interior, in his superintendence of 
all fore.st reservations, to "make such rules and regulations 
and establish such service as will insure the objects of such 
reservations, namel}", to regulate their occupancy and use and 
to preserve the forests thereon from destruction.'' Held., 
that the authority given the Secretaiy is not unconstitutional 
as a delegation of authority. 

* * * -x- * * « 

Dastervignes et al. v. United States. 

(Circuit court of appeals, ninth circuit. March 2, 1893.) 
No. 893. 

[122 Fed. Rept., 30.] 

1. Constitutional Law — ^Delegation of Legislative Power — 

Act Authorizing Regulations for Forest Reservations, 

The provision of the sundry civil appropriation act of June 4, 

1897, relating to forest reservations (30 Stat,, 35 [U, S, Comp. 

St, 1901, p. 1540]), which authorizes the Secretary of the 

Interior to "make such rules and regulations and establish 



102 Local Laws — Rights of Way. 

such service as will insure the objects of such reservations, 
namely, to regulate their occupanc}^ and use and to preserve 
the forests thereon from destruction," and which itself pre- 
scribes the penaltj' for violation of such regulations, is not 
unconstitutional as delegating legislative power to an admin- 
istrative officer, but is a valid delegation of power to make 
administrative regulations in relation to details necessary to 

carry out the purpose of the act. 
******* 

United States v. Edward H. Holden, Sr. 

(U. S. district court, district of Wyoming.) 

In the case of United States v. Edward H. Holden, sr.. United States 
district court, district of Wyoming, Judge Riner held as follows: 

There is no provision in the statute (act of June 4, 1897; 30 Stat., 34-36) limiting 
the amount of timber which may be taken free of charge, but the limitation of the 
amount is found in the regulations issued by the Interior Department. This regula- 
tion, under the statute, has the force of law. While the statute authorizes the use 
of timber on these reservations free of charge to the bona fide settlers and residents, 
yet it does so under such regulations as may be prescribed by the Secretary of the 
Interior, and nowhere do these regulations relieve the party desiring to take timber 
from obtaining a permit. 

LOCAL LAWK 
RIGHTS OF WAY ACROSS FOREST RESERVES. 

I. Grand Canyon Forest Reserve. 

[Act of May 18, 1898 (30 Stat., 418).] 

Chap. 343. — AN ACT granting the Santa Fe and Grand Canyon Eailroad Company 
right of way for railroad purposes through the Grand Canyon Forest Reserve in 
northern Arizona. 

Be it enacted hy the Senate and House of Representatives 
of the United States of America in Congress assemhled, 
Santa Fe and That the Santa Fe and Grand Canyon Railroad Company, 
Railroad grant- a Corporation created and existing under the laws of the 
through Grand Territory of Arizona, is authorized to construct and main- 
Reserve. °^ ^ tain a railroad over and through the Grand Canyon For- 
est Reserve (heretofore reserved from entry or settlement 
and set apart as a public reservation by Benjamin Harri- 
Voi. 27, p. 1064. son, President of the United States, by proclamation of 
date the twentieth day of February, eighteen hundred and 
Location. ninety-three), said railroad to enter the said Grand Canyon 
Forest Reserve at such a point on the southern boundary 
of said reserve in Coconino County, Arizona, as may be 
found to be the most feasible for the route of said railroad, 
running in a northerly direction from Williams, Arizona; 



Rights of Wcuy under Local Laws. 103 

thence proceeding by the most practicable route through 

8. point at or near Lombard and the Bright Angel trail to 

the Indian Gardens, and from said Bright Angel trail in 

an easterly direction to the Little Colorado River; also to 

proceed by such side tracks, extensions, switches, and 

spurs as may be necessary to reach the various groups of 

mines in said forest reserve, all in said Coconino County; 

said right of way being granted subject to the rules and 

restrictions and carrying all the rights and privileges of Restrictions, 

an act entitled "An act granting to railroads the right of chap. 152, vol. 

way through the public lands of the United States," applicable. "^^ '^ 

approv^ed March third, eighteen hundred and seventy-five, 

said act being hereby made applicable to the right of way 

hereby granted: Provided.^ That no timber shall be cut by ^[mber' 

said railroad company for any purpose outside of the 

rights of way herein granted. 

II. Pike's Peak Timber Land Reserve. 

[Act of June 27, 1898 (30 Stat., 493).] 

Chap. 501. — AN ACT granting right of way through the Pikes Peak Timber Land 
Reserve and the public lands to the Cripple Creek District Railway Company. 

Be it enacted hy the Senate and Hoiise of Representatives 
of the United States of America in Congress assemhled., 
That the Cripple Creek District Railway Company, a cor- Distncf Railway 
poration created and existing under the laws of the State fvTy **^fh^l u^h 
of Colorado, be, and it hereby is, authorized to construct ber^^Laud ^^- 
and maintain a railway over and through the Pikes Peak ^'^'''^^- 
Timber Land Reserve (heretofore reserved from entrj?^ or 
settlement and set apart as a public reservation by Execu- 
tive order), said railway to enter said Pikes Peak Timber Location. 
Land Reserve at such a point on the eastern or northern 
boundary thereof in El Paso Count}^, Colorado, as may 
be found to be the most feasible for the route of said rail- 
way, running in a westerly direction from Colorado Springs, 
Colorado, thence proceeding b}^ the most practicable route 
through the reserve to the western boundary thereof; also, 
to proceed by such side tracks, extensions, switches, and 
spurs as may be necessary to reach any groups of mines 
in said forest reserve, all in said El Paso County; and the ^^^(i^^tpj ^^^.^g^y 
said railway company is hereby also granted right of way '^°^^- 
through the public lands to the town of Cripple Creek, in 
the said State of Colorado; said right of way being granted 
subject to the rules and restrictions and carrying all the 
rights and privileges of an act entitled "An act granting voi. is, p. 482. 



104 Rights of Way under Local Laws. 

to railroads the right of way through the public lands of 
the United States," approved March third, eighteen hun- 
dred and sevent3^-five, said act being hereby made appli- 
cuttingof tim- ^able to the right of way hereby granted: Provided., That 
ber limited. j^q timber shall be cut by said railroad company for any 
purpose outside of the rights of way herein granted. 

[Act of July 8, 1898 (30 Stat., 729).] 

Chap. 645. — AN ACT granting right of way through the Pike's Peak Timber Land 
Reserve and the pubhc lands to the Cripple Creek Short-Line Railway Company. 

JBe it enacted hy the Senate and Llouse of Representatives 
of the United States of America in Con.gress assembled., 
shSt^Line ^rIIn "^^^^ ^^^® Cripple Creek Short-Line Railway Company, a 
right ^oT°wly^*^^P^^^^^^^ Created and existing under the laws of the 
through^^pikesgj^a^g ^f Colorado, be, and it hereby is, authorized to con- 
^ v'tfi ^>7'T^i6o6 struct and maintain a railway over and through the Pikes 
®*^- Peak Timber Land Reserve (heretofore reserved from 

entry or settlement and set apart as a public reservation 
Location. by Exccutivc Order), said railway to enter said Pikes 
Peak Timber Land Reserve at such a point on the east- 
ern or northern boundary thereof in El Paso County, 
Colorado, as may be found to be the most feasible for the 
route of said railway, running in a westerly direction from 
Colorado Springs, Colorado, thence proceeding by the 
most practicable route through the reserve to the western 
boundary thereof; also, to proceed by such side tracks, 
extensions, switches, and spurs as may be necessary to 
reach any groups of mines in said forest reserve, all in 
to^nppie creek^ said El Paso County; and the said railroad .company is 
^°^^- hereby also granted right of way through the public lands 

to the town of Cripple Creek, in the said State of Colo- 
rado; said right of way being granted subject to the rules 
and restrictions and carrying all the rights and privileges 
^ ' ' ^' ■ of an act entitled "An act granting to railroads the right 
of way through the public lands of the United States," 
approved March third, eighteen hundred and seventy- 
five, said act being hereby made applicable to the right 
Timbe'/" ^^ ^^^ hereby granted: Provided., That no timber shall 
be cut by said railroad company for any purpose outside 
of the rights of way herein granted: And provided further., 
That the right of way herein granted shall not interfere 
with the right of way on Government land through the 
Pikes Peak Timber Land Reserve, granted by act of Con- 
gress entitled: "An act granting right of way through the 
Pikes Peak Timber Land Reserve and the public lands to 



Rights of Way under Local Loads . 105 

the Cripple Creek District Railway Company," approved cripple creek 
June twenty-seventh, eighteen hundred and ninety-eight. *l,"e, p.'49l'^^' 

III. San Francisco Mountains Poorest Reserve. 

[Act of January 10, 1899 (30 Stat., 783).] 

Chap. 44. — AN ACT granting the Saginaw Southern Railroad Company a right of 
way for railroad purposes through the San Francisco Mountains Forest Reserve. 

Be it enacted hy the Senate and Ilotise of Representatives 
of the United States of Am erica in Congress assemhled^ That 
the Saginaw Southern Railroad Company, a corporation g^^^^^gf j/ ^^^^^ 
created and existing under the laws of the Territory of ^f'^^ht^'^f^i^r^- 
Arizona, is authorized to construct and maintain a rail- through san 

' Francisco 

road over and tljrough the San Francisco Mountains Forest ggt^'^giy^g ^°''" 
Reserve (heretofore reserved from entry and settlement 
and set apart as a public reserve by William McKinley, 
President of the United States, by proclamation dated the 
seventeenth daj'^ of August, eighteen hundred and ninety- ^Post^ ^'^ise'^' 
eight). Said railroad to be constructed upon and across Location. 
the said San Francisco Mountains Forest Reserve from a 
point on the line of the Santa Fe Pacific Railroad Com- 
pany at the town of Williams, in the county of Coconino, 
Territory of Arizona, thence in a southerly direction by 
the most practical route to the town of Jerome, in the 
county of Yavapai, Territory of Arizona; also to construct 
and maintain such side tracks, extensions, switches, and 
spurs as may be necessary to the convenient construction 
and maintenance of said railroad in the said counties of 
Coconino and Yavapai; said right of way being granted 
subject to the rules and restrictions and carrying all the 
rights and privileges of an act entitled "An act granting voi. is, p. 482. 
to railroads the right of way through the public lands of 
the United States," approved March third, eighteen hun- 
dred and seventy -five, said act being hereby made appli- 
cable to the right of way hereby granted: Provided. That J^^Yf^^ _ 

=■ . . Cutting timber 

no timber shall be cut by said railroad company for any limited. 
purpose outside of the right of way herein granted. 

[Act of June 6, 1900 (31 Stat., 657).] 

Chap. 794. — AN ACT to grant right of way over Government lands for a pipe line 
for the conveyance of water to Flagstaff, Arizona. 

JBe it enacted hy the Senate and House of Representatives 
of the United States of America in Congress assemhled^ 
That a right of way for a pipe line through sections twenty- Flagstaff, Ariz., 

. .1- *. • 4- U- : 4. ^1 ^U ^' 4. granted right of 

SIX, thirty-six, township twentv-three north; sections two, way through san 

*^ *" FrRncisco Forest 

twelve, fourteen, twenty-two, and twenty-eight, township Reserve, etc., for 
twenty-two north, and sections four and sixteen, township 



106 Rights of Way under Local Laws. 

twenty-one north, all in range seven east, Gila and Salt 
River meridian, in the San Francisco Forest Reserve, in 
the county of Coconino and Territory of Arizona, is hereby 
granted to the town of Flagstaff, a municipal corporation 
in said county and Territory, to the extent of the ground 
occupied by said pipe line and twenty-five feet on each 
side of the center line of the same. 
ri^r o^ ^^^^- Also the right to take from the lands adjacent to the 
lands hereby granted material, earth, stone, and timber 
necessary for the construction, maintenance, repair, and 
control of said pipe line. 

Control. ggc 2. That said pipe line when constructed shall be 

maintained and controlled exclusively for the use and 
benefit of the said town of Flagstaff by the municipal 
authorities thereof, and for the purpose only of conveying 
water through said pipe line to said town for its exclusive 
use and benefit. 

Effect. Sec. 3. That this act shall take effect and be in force 

from and after its passage. 

IV. San Gabriel Forest Reserve.* 

[Act of February 28, 1899 (.30 Stat., 910).] 

Chap. 223. — AN ACT to grant to the Pasadena and Mount Wilson Railway Company 
right of way and certain lands for railroad purposes through the San Gabriel Forest 
Eeserve. 

Be it enacted hy the Senate and House of Representatives 

of the United States of America in Congress assembled.^ 

Pasadena and That there is hereby granted to the Pasadena and Mount 

Mount Wilson "^ ^ 

Railway granted vVilson Railway Company, a corporation organized and 

rightofway -^ lo 

through San Ga- existing Under the laws of the State of California, and to its 

bnel Forest Re- ® . . ' . , 

serve. succcssors and assigns, authority to construct, maintain, 

and operate a railway for a distance of nine miles, more 
or less, over and through the San Gabriel Forest Reserve 
(heretofore reserved from entry and settlement and set 
apart as a public reservation by Benjamin Harrison, Presi- 

voi. 27, p. 1049. dent of the United States, by proclamation of date the 
twentieth day of December, anno Domini eighteen hun- 
dred and ninety -two), from the place in said forest reserve 

Location. known as Rubio to the summit of the mountain known as 
Mount Lowe, in the Sierra Madre Mountains, in the county 
of Los Angeles and State of California, the course of said 
railway to be the same as that of the railroad now oper- 
ated by said railway company from Rubio aforesaid to 
Alpine Tavern, the present terminus of said railroad, and 
from thence to the summit of said Mount Lowe, by the 
most practicable route; said right of way being hereby 



Rights of Way under Local Laws. 107 

granted to said Pasadena and Mount Wilson Railway Com- 
pany, but subject to the rights, privileges, rules, and restric- 
tions of an act entitled "An act granting to railroads the voi. is, p. 482. 
right of way through the public lands of the United States," 
approved March third, anno Domini eighteen hundred and 
seventy-five, said act being hereby made applicable to the 
riefht of way hereby granted: Provided. That no timber Provnoi. 

1 „ , . 1 . , ^ Timber cut- 

shall be cut by said railway company for any purpose out- ting restricted, 
side of the right of way herein granted: And provided 
furthe7\ That said company shall give bond as provided Bond. 
by the regulations of the Secretary of the Interior pre- 
scribed under the law relating to forest reserves. 

Sec. 2. That in addition to such of the public ground saie to com- 

• 1 Mil -iiiii 1 Pany of addi- 

as said railway company will be entitled to take, under tionai land for 
and in accordance with the provisions of the said act 
entitled "An act granting to railroads the right of way 
through the public lands of the United States," approved 
March third, anno Domini eighteen hundred and seventy- 
five, for station buildings, depots, machine shops, side 
tracks, turn-outs, and water stations, the Secretary of the 
Interior is hereby authorized to sell, at the rate of one 
dollar and twenty-five cents per acre, to the said Pasadena 
and Mount Wilson Railway Company, its successors and 
assigns, for stations, hotels, astronomical observatories, 
seminaries of learning, and such other buildings and pur- 
poses as may be required in connection with said railway 
line, the following-described parcels of land along said 
right of way, to wit: The unsurveyed land described as 
the west half of the northwest quarter of the northwest 
quarter of section two, when regularly protracted, in town- 
ship one north, range twelve west, San Bernardino merid- ' 
ian, containing twenty acres, more or less. 

Also the tract or parcel of land described as follows, to 
wit: Beginning at a point in the easterly line of the two- 
hundred-foot right of way of the Pasadena and Mount 
Wilson Railway Company, which point is north twenty- 
seven degrees thirty minutes west nine hundred feet from 
the point where said right-of-way line crosses the north 
line of section three, township one north, range twelve 
west; running thence north sixty-two degrees forty min- 
utes east five hundred feet; thence north twenty-seven 
degrees thirty minutes west one thousand eight hundred 
and fifty feet; thence west three hundred and fifty feet, 
more or less, to the easterly line of the right of way afore- 
said; thence southeasterly along said right of way to the 
place of beginning, containing twenty acres, more or less. 



108 Rights of Way under Local Laws. 

Also the unsurveyed lands described as the west half of 
the west half of the southeast quarter and the east half of 
the east half of the southwest quarter of section twenty-six, 
township two north, range twelve west, San Bernardino 
meridian, when regularly protracted, containing eighty 
acres, more or less. 

Also a tract of land consisting of forty acres at the 

excepted^^' ®*°" temiinus of said right of way at Mount Lowe: Provided., 

That all minerals, including coal, in all of said right of 

way and lands hereby granted are reserved to the United 

States. 

et^!^^o vLrfn ^^^- ^' T^^* *^® ®^i^ ^i^^* ^^ ^^y ^^^ 1^"^^ ^or sta- 
successor, etc. tions, hotels, astrouomical observatories, seminaries of 

learning, and other purposes granted hereby are intended 

for the use of said Pasadena and Mount Wilson Railway 

Company, its successors and assigns, and in case of the 

sale of said Pasadena and Mount Wilson Railway and its 

appurtenances by act of the corporation or under decree 

of court, all of the rights and benefits hereby granted 

shall vest in the owner or owners for the time being of 

said railway line and appurtenances. 

V. San Francisco Mountains Forest Reserve. 

[Act of February 25, 1903 (32 Stat., 907).] 

Chap. 757. — AN ACT granting the Central Arizona Railway Company a right of way 
for railroad purposes through the San Francisco Mountains Forest Reserve, in the 
Territory of Arizona. 

£e it enacted hy the Senate and House of Liepresentatives 
Mountai'ns°To^r*^ ofthe United Statcs of America in Congress assenMed., That 
fon^^^'^'^^^' ^^' upon the conditions herein named the Central Arizona 
zo^na*'^*RaiiVay Railway Company, a corporation existing under the laws 
ed'right^orway o^ ^^^ Territory of Arizona, is hereby granted a right 
^^^Voios, p. 482. of ^^y conformably to the act entitled "An Act granting 
to railroads a right of wa}^ through the public lands of the 
United States," approved March third, eighteen hundred 
and seventy-five, and the existing regulations adopted 
thereunder, over and through the San Francisco Moun- 
tains Forest Reserve, in the Territory of Arizona, for a 
Location. YmQ of railroad from a point at or near Flagstaflf, in the 
county of Coconino, Territory of Arizona, in a south- 
westerly direction by the most practicable route to the 
town of Jerome, in the county of Yavapai, Territory of 
Arizona, and thence in a southeasterly direction to the 
town of Globe, in the county of Gila, Territory of Ari- 
zona, with the right to construct and maintain all neces- 
sary side tracks, extensions, switches, spurs, and water 



Homestead Entries in the Black Hills Forest JReserve. 109 

stations: Provided^ That as a condition to obtaining such pro^^ftio,, ^^ 
right of way the said company shall be required to agree, ^°'®^* reserve. 
in writing, to conform to such further regulations as may 
be prescribed by the Secretary of the Interior for the pur- 
pose of protecting the said forest reserve and conserving 
the purposes for which the reserve was established and is 
maintained; but said company shall not be authorized to 
take or cut any timber within the limits of said forest 
reserve outside of its said right of way. 

HOMESTEAD ENTRIES IN THE BLACK HILLS FOREST RESERVE. 

SPECIAL PRIVILEGES ALLOWED. 

The act of March 3, 1899 (30 Stat., 1095), contains the following 
provisions: 

Provided further, That any person who made actual, FOTes^t^^e^erva- 
bona fide settlement and improvement and established ^'°?g'j.f^jj^*^jjjgj.g 
residence thereon in good faith for the purpose of acquir-|'^^°^*g'^t^^g°°^^' 
ing a home upon lands more valuable for agriculture than 
for any other purpose, within the boundaries of the Black 
Hills Forest Reservation, in the State of South Dakota, 
prior to September nineteen, eighteen hundred and ninety- 
eight, may enter, under the provisions of the homestead 
law, the lands embracing his or her improvements, not to 
exceed one hundred and sixty acres; and if the lands are— surveys. 
so situated that the entry of a legal subdivision, according 
to existing law, will not embrace the improvements of such 
settler or claimant, he or she may make application to the 
surveyor-general of the State of South Dakota to have 
said tract surveyed at the expense of the claimant by metes 
and bounds and a plat made of the same and filed in the 
local land office, showing the land embraced in his original 
settlement which he desires to enter, not to exceed one 
hundred and sixty acres, and thereupon he shall be allowed 
to enter said land, as per said plat and survey, as a home- 
stead; and the Secretary of the Interior shall make the 
necessary rules and regulations to carry this act into 
effect: Provided, That in any case where, upon investi- ^7*To preju- 
gation by a special agent of the Interior Department and ^l^^ public inter- 
after due and proper hearing it shall be established that 
an entry interfered with the general water supply or was 
detrimental in any way to the public interests or infringed 
upon the rights and privileges of other citizens, the Sec- 
retary of the Interior shall have authority to cause said 
entry to be modified or amended or in his discretion to 
finall}^ cancel the same. 



110 Homestead Entries in the Black Mills Forest Reserve. 

INSTRUCTIONS. 

Under the above provisions in the act of March 3, 1899 (30 Stat., 
1095), instructions were addressed to the local officers at Rapid City, 
S. Dak., by the General Land Office, and approved by the Department 
on September 22, 1899, as follows: 

'•'Until the system of public surveys is extended over a township, 
and a plat thereof duly filed in your office in accordance with the cir- 
cular of October 21, 1885 (4 L. D., 202), the notice given to be modi- 
fied, however, and to state that entries will be allowed only under said 
act of March 3, 1899, no entries can be allowed for lands in the Black 
Hills Forest Reservation, S. Dak. 

"A party desiring to enter land in said reservation will be required 
to file, in addition to the usual application (Form 4—007) and affidavits 
(Forms 4-062 and 4-063), his affidavit, corroborated by that of two 
other persons, showing that he is entitled to the benefits of the act 
cited. He will be required to state the date of his actual bona fide set- 
tlement, the date he established residence on the land for the purpose 
of acquiring a home thereon, for what period of time he has main- 
tained a residence on the land, the character and value of his improve- 
ments, and the extent of his cultivation of the land, as well as for what 
the land is principally valuable. Such additional affidavit, as well as 
the affidavits of the corroborating witnesses, may be made before any 
officer qualified to administer oaths in homestead cases. 

"Should it satisfactorily appear that an applicant is entitled to the 
benefits of said act, you will allow his entry to go to record. 

"Before an entry can be allowed for a claim which can not be 
adjusted to the existing legal subdivisions without detriment to the 
interests of the settler, it will be necessary to have the claim surveyed 
in accordance with the instructions for that purpose (approved by the 
honorable Secretary of the Interior, September 22, 1899, a copy of 
which is hereto attached), and the plat thereof filed in your office." 

SURVEY SETTLERS' CliAIMS IN BLACK HILLS FOREST RESERVA- 
TION, S. DAK. 

Department of the Interior, 

General Land Office, 
Washington, D. C, September 7, 1899. 
The United States Surveyor-General, 

Huron ^ S. Dak. 
Sir: The act of March 3, 1899, making appropriation for sundry 
civil expenses of the Government for the fiscal year ending June 30, 
1900, under the head of "Protection and administration of forest 
reserves" (Pamphlet Laws, page 1095), contains the following: 

^^ Provided further., That any person who made actual, bona fide 
settlement and improvement and established residence thereon in good 



Homestead Entries in the Black Ilills Forest Reserve. Ill 

faith, for the purpose of acquiring- a home, upon lands more valuable 
for agriculture than for any other purpose, within the boundaries of 
the Black Hills Forest Reservation, in the State of South Dakota, 
prior to September nineteenth, eighteen hundred and ninety-eight, 
may enter, under the provisions of the homestead law, the lands 
embracing his or her improvements, not to exceed one hundred and 
sixty acres; and if the lands are so situated that the entry of a legal 
subdivision, according to existing law, will not embrace the improve- 
ments of such settler or claimant, he or she may make application to 
the surveyor-general of the State of South Dakota to have said tract 
surveyed at the expense of the claimant by metes and bounds and a 
plat made of the same and filed in the local land office, showing the 
land embraced in his original settlement which he desires to enter, 
not to exceed one hundred and sixty acres, and thereupon he shall be 
allowed to enter said land, as per said plat and survey, as a home- 
stead: and the Secretary of the Interior shall make the necessary 
rules and regulations to carr^^ this act into effect: Provided., That in 
an}' case where, upon investigation by a special agent of the Interior 
Department, and after due and proper hearing, it shall be established 
that an entr}^ interfered with the general water supply, or was detri- 
mental in any way to the public interests, or infringed upon the rights 
and privileges of other citizens, the Secretary of the Interior shall 
have authority to cause said entry to be modified or amended or in 
his discretion to finally cancel the same." 

By said act settlements within the Black Hills Forest Reservation, 
in the State of South Dakota, made prior to September 19, 1898, upon 
lands which are more valuable for agricultural than for any other 
purpose, are protected by extending to the settlers the privilege of 
entering the land so settled upon under the provisions of the home- 
stead law. As an entry can not be made under the homestead law 
prior to the Government survey of the land desired to be entered, an 
entry can not be made under this law prior to the extension of the 
Government survey over the lands thus settled upon. By such survey 
it will be disclosed whether the improvements of the settler can be pro- 
tected by entry according to legal subdivisions without a special sur- 
vey, and until such time a special survey will not be ordered. Where 
upon the Government survey, however, it is discovered that an entry 
according to legal subdivisions will not include the improvements of 
the settler, he may adjust his claim to the legal subdivisions estab- 
lished by the Government survey or apply to the surveyor-general of 
South Dakota for a special survey of his claim. When an application 
is made for the survey of a claim under the pi-ovisions of this act, the 
settler may designate a surveyor, to whom the requisite instructions 
will be issued from your office, for the survey and marking of the 
boundaries of his claim and such connections with prior surveys as 
may be necessary to a proper platting of the claim and of the frac- 



112 Homestead Entries iri the Black Hills Forest Reserve. 

tions of public lands surrounding the same, consequent upon the sur- 
vey of such claim. 

Under the law a special survey is required to be at the expense of 
the settler, and the surveyor performing the work must look to the 
settler for his compensation, without recourse to the United States, 
and a provision to that effect should be embodied in the instructions 
issued to such surveyor by your office. The amount of compensation 
to the surveyor will be left to private arrangement between the settler 
and the surveyor. 

Where the surveyor designated by the settler is not a United States 
deputy surveyor or a United States deputy mineral surveyor, it will 
be necessary to submit with the application satisfactory evidence of 
the professional skill and ability of such surveyor. Such surveyor 
will be required to furnish a bond in the penal sum of $500 for the 
faithful execution of the work. 

The application for survey should contain a complete description 
of the claim, date of settlement, improvement, and established resi- 
dence, character, extent, and approximate value of improvements, 
character of the land, and location by township, range, and section 
(or sections) of the public land surveys. The application should be 
accompanied by a diagram showing as accurately as practicable the 
contour of the claim. The statements contained in the application for 
survey should be verified under oath. 

It is not the intention of this act to permit any one settler to take 
long and narrow strips of land on both sides of a stream, and thus 
monopolize the water privileges to the detriment of other settlers, and 
claims should be taken in square form, as nearly as it ispracticable to do 
so, and include the improvements of the settlers. In no case should 
the claims be of less width than that of the smallest legal subdivision 
(20 chains). Whenever an application shall be received for the survey 
of a settler's claim in such shape as appears to you to be detrimental 
to the public interests or to infringe upon possible rights of other cit- 
izens, you will, if in doubt as the propriety of making a survey in the 
shape applied for, forward the application for the consideration of 
this office, stating the reasons why, in your opinion, the survey should 
not be allowed as applied for. 

The necessary office work connected with these surveys will be per- 
formed by the regular clerical force of your office. 

Your office is regarded as being particularly conversant with the 
varied requirements and details pertaining to the public land surveys, 
and I therefore desire that you prepare and submit for my considera- 
tion a draft of general instructions for the execution of surveys under 
the above-quoted provisions of law, prescribing the method of running 
and marking the boundaries of settlers' claims and their connection 
with and closings on the lines of the prior surveys in the townships 
in which such claims are located. 



Timher on Mining Claims in Certain Forest Reserves in, Colorado. 1 1 8 

As this law provides that the lands to be surveyed and enteri'd there- 
under must be "more valuable for agriculture than for any other pur- 
pose," it is expressly desired that the instructions to surveA'ors makino- 
survej's under this act require such surveyors to embod}- in their held 
notes an accurate description of the character of the lands surveyed 
with regard to their value for any purpose other than agriculture. 

The plats of these surveys will be prepared in triplicate, as usual 
with public land surveys, and the duplicate plats for the files of this 
office will be accompanied by duly authenticated transcripts of the 
field notes of the surve3^s. 

Very respectfully, Binger Hermann, 

Cormn isslo7ier. 

Department of the Interior, 

Septemher £<?, 1890. 
Approved. 

E. A. Hitchcock. Sei-rcfarij. 

The act of March 8, ISy'J, relating to lands in the Black Hills Forest 
Reservation did not abrogate and annul that portion of the executive 
order creating said reservation which prescribed what lands are 
excepted from the operation of that order, l)ut merel}- provided that 
entries might be made so as to include the improvements of settlers 
regardless of legal subdivisions of the land. 

Lands within said reservation which at the date of the Executive 
order creating the same were covered by a ^alid settlement for which 
filing was not made within three months after the filing of the town- 
ship plat do not come within the exception mentioned in said Executive 
order and are therefore not subject to entry under said act of March 
3, 1899. (Joshua L. Smith, 31 L. D.. 5T.)' 

TIMBER ON MINING CLAIMS IN CERTAIN FOREST RESERVA- 
TIONS IN COLORADO. 

[Act of February 20, 18%; 29 Stat., 11.] 

AN ACT to open forest reservations in the State of Colorado for the location of 

mining claims. 

He It enacted hy the Senate and House of Representatloes of the ZJnited 
States of America in Congress assemhled., That the forest reservations 
in the State of Colorado, known as the Pikes Peak Forest Reserve, 
the Plum Creek Forest Reserve, and the South Platte Forest Reserve, 
established by Executive pi-oclamations dated, respective!}^, March 
eighteenth, eighteen hundred and ninety-two, June twenty-third, 
eighteen hundred and ninetj^-two, and Decemb(n- ninth, eighteen hun- 
dred and ninety-two, in the State of Colorado, in accordance with sec- 
tion twenty-four of the act of March third, eighteen hundred and 
ninety-one, fix)m and after the passage of this act shall l)e open to the 
location of mining claims thereon for gold, silver, and cinnabar, and 
8327—03 8 



114 Tim her on Mining Claims in Certa In Forest Reserves in Colorado. 

that title to such mining claims ma}' be acquired in the same manner 
as it may be acquired to mining claims upon the other mineral lands 
of the United States for such purposes: Provided^ That all locations 
of mining claims heretofore made in good faith within said reserva- 
tions, and which have been held and worked in the same manner as 
mining claims are held and worked under existing law upon the public 
domain, are validated bj- this act. 

Sec. 2. That owners of valid mining locations made and held in 
good faith under the terms of this act shall be, and are hereby, author- 
ized and permitted to fell and remove from such mining claims any 
timber growing thereon, for actual mining purposes in connection with 
the particular claim from which the timber is felled or removed, but no 
other timber shall l)e felled or removed from any other portions of 
said reservations h\ private parties for any purpose whatever. 

EXTENT OF TIMBER PRIVILEGES UNDER ACT OF FEBRUARY 

20, 1896. 

[29 Stat., 11.] 

Commissioner of the General Land Office to tlie Secretary of the Inte- 
rior^ October 16, 1896, in the tunher t/resjMss case of Kendall, Tovn- 

send, and Walter. 

* * * -X- * * * 

Inasmuch as the act of February 20, 1896 (29 Stat., 11), opening the 
Pikes Peak Forest Keserve for the location of mining claims, confines 
the felling and removing of timber from mining claims to "actual 
mining purposes in connection with the particular claim from which 
the timber is felled or removed," it appears that Townsend and Wal- 
ter, in cutting timber on their claims for sale for the purpose of raising 
money for the development of the claims, exceeded the privileges 
allowed in said act. 

A reasonable construction of the wording of this act appears to con- 
line the use of timber on such claims within a limit directly similar to 
that defined by the United States Supreme Court in dealing with the 
question whether timber might be taken from an unperfected home- 
stead claim and sold for the purpose of expending the money derived 
from the sale in improvements on the claim; upon which point it was 
held that, while, perhaps, timber might be taken from such claims to 
be exchanged for timber or lumber to be applied direct to improve- 
ments thereon, yet it could not be sold to raise money with which to 
make improvements on the land. (Case of Shiver r. Ignited States, 
159 U. S., 191.) 

It accordingly appears that the timber taken from said mining 
claims, for use as stated, was procured in trespass. 

-;■- ****** 

Approved by the Secretar}' of the Interior Kovem])cr 5. 1896. 



INDEX 



\vt<i of ('on;;rcJ>)S Cited and 
€oii!>trued. 

See Table of. 

Adiniiiisitratioii «>f Fore§t 
Reserve§. 

General provision for, made in the act 
of June 4, 1S97 (30 Stat., 34-36) 5, 9 

Ag^ricultural Lands. 

Act of June 4, 1897 (80 Stat, 
35,36). 

Not the intent of, that lands shall be 
included in forest reserves that are 
more valuable for agricultural pur- 
poses than for forest uses 11, 34 

Lands in forest reserves found to be 
more valuable for agricultural pur- 
poses than for forest uses may be re- 
stored to the public domain 14, 33, 34 

Generally. 

Decisions by the Department of the In- 
terior 33-35 

Agricultural settlements of all kinds 
forbidden within forest reserves ss 

Allotment L<and!« (Indian) 
within Forext Reserves. 

Are doubly guarded from unlawful 
occupancy and use 81 

Areas of Forest Reserves. 

May he enlarged or reduced 14 

Arrests by Forest-Reserve 
Oflieers and others. 

Withoiit warrants 100 

Astrononiieal Observatories. 

Sites for 107 

Blaek Hills Forest Reserve, 
Sonth Dakota and ^Vy- 
oniing:. 

Special privileges granted to settlers in 
the South Dakota portion of the re- 
serve S. 109 

Boundaries of Forest Re- 
serves. 

May be changed 14 



Page. 

Buildin;;s within Forest Re- 
serves. 

Permission to erect and occupy 88 

California, Forest Reserves 
in. 

Act of June 6, 1900 (31 8tat., 
661). 
Does not apply to timber sales in 45,61 

Act OF June 4, 1897 (30 Stat, 35). 
Applies to timber sales in 61 

Canals. 

See Ri'/hts i,f Ha;/. 

Cattle. 

See Livf l^tock. 

Central Arizona Railway 
Company. 

Act of February 25, 1903 (32 Stat., 907), 
grants right of way to, through the 
San Francisco Mountains Forest Re- 
serve, Arizona S, 108 

Cliurelies. 

Provision for,in forest reserves. 13. 16, 17, 83. 84 

Cireulars. 

April 4, 1900. Rules and regulations 
under the act of June 4, 1897 (30 Stat., 
34-36), containing general provisions 
for the administration of forest re- 
serves 14 

June 18, 1900. Fires on the public do- 
main 85 

July 8, 1901. Regulations concerning 
right of way over public lands 76 

December 12, 1901. Free use of timber 
and stone 18, 39 

December 23, 1901. Pasturing of live 
stock 17.61 

January 15, 1902. Free use of forest- 
reserve timber 40 

January 22, 1902. Sale of timber in 
forest reserves 46 

February 27, 1902. Instructions in cases 
of sales and also in cases of " free use" 
of timber in forest reserves .51 

May 12, 1902. Relief of bona fide settlers 
within forest reserves 36 

115 



116 



INDEX. 



Page. 

Circulars — Continued. 

Jnly 7, 1902. Exchange of relinquished 
claims and private holdings within 
forest reserves for outside tracts 17, 28 

May 22, 1903. Stock grazing in forest 
reserves 62 

Coal L<and§ ^vitliiii Forest 
Reserves. 

See Mineral Lands ivithin Forest Ji<.sirv>!;. 
See Minerals, inclvAing Coal. 

Cong;res§ (Constitutional 
Powers of) . 

To control Federal forest reserves 90 

Corporations. 

No authorty to permit free use of forest- 
reserve timber by 42 

Creation of Public Forest 
Reserves. 

Authorized by section 24 of act of Marcli 
3, 1891 (26 Stat., 1095) '. 5,9 

Cripple Creek District Rail- 
^vay Company. 

Right of way through tlie Pike's I'e;ik 
timber land reserve 7, 103 

Cripple Creek Sliort-Line 
Railway Company. 

Right of way through the Pike's Peak 
Timber Land Reserve 7. 104 

I>ams. 

See h'inhfs <>/ HV;//. 

Depredations. 

Actof June4, 1897 (30 Stat., 35), provides 
that the Secretary of the Interior shall 
make provision for the protection of 
the public forests and forest reserva- 
tions from depredations 11 

Penalties prescribed are additional to 
those already existing In respect to 
punishment for depredations on the 
public timber lo 

Injunction to prevent 71-73, 84 

Powers of Congress to i)revent 90-101 

Ditches. 

See liir/hls of Wdi/. 

Fgress and Ingress. 

By settlers within fi )rest reserves 13, 1(>. 74 

Electric Po^ver Purposes. 

General right of way across forest re- 
serves for 6,17, 76-83 

Elimination of Agricultural 
Eands from Forest Re- 
serves. 

Authorized by act i>r .lune 1. 1S<I7 ^30 
Stat., 36) 14, 33-35 



Page. 

Establisliment of Federal 
Forest Reserves. 

Authority for 5, 9 

Exchange of Private Hold- 
ings in Forest Reserves 
for Outside Tracts. 

Act of June 4, 1.S97 (30 Stat., 36), au- 
thorizes 13, 17, 22 

Actof June 6, 1900 (31 Stat., 614), and act 
of March 3, 1901 (31 Stat., 1037), amend 
act of June 4, 1897 (30 Stat., 36) 6, 17, 22 

Regulations governing 17, 23-33 

Decisions by the Department of the In- 
terior 32, 33 

Approximation of areas 25 

Fires, Forest. 

Act of May 5, 1900 (31 Stat., 
169). 

Prevention of fires on the public do- 
main 6, 15, 85, 86, 87, 88 

Penalties for causing fires in violation 
thereof 6, 15, 85, 86, 88 

Actof June 4, 1897 (30 Stat, 35). 
The Secretary of the Interior shall make 
provisions for the protection of the 
public forests and forest reservations 
from destruction by fire 11 

Generally. 
Powers of Congress to prevent, in 
federal forest reserves 90-101 

Fish and Oame Laws. 

Enforcementof , in forest reserves, .'i, S9, 90-101 

Flumes. 

See nights of Way. 

Free Fse of Timber and 
Stone in Forest Re- 
serves. 

See Timber in Forest Reserves. 

See Stone, Use of, in Forest Resei-ves. 

Oame Eaws. 

Enforcement of, in forest reserves 5, 

88, 89. 90, 101 

Geological Survey (Fnited 

States). 

Survey of forest reserves by 5, 6, 10, 11, 89 

Goats. 

See Live Stock. 

<i<rand Canyon Forest Re- 
serve. 

Right of way through, granted to the 
Santa Ee and Grand Canyon Railroad 
Company 7, 102 



INDEX. 



117 



Within forest reserves 17,til-7:!,.ss 

Restraint of unauth()rize<l grazing 
within forest reserves 71-7;? 

Hay. 

Permits to cut wild grass for 11 

Hogs. 

See JAve Stock. 

I1oiiic§teacl Settlers. 

Relief for bona tide settlers 7, iUi, :;7 

Speeial privileges granted to, in the 
Black Hills Forest Reserve, in South 
Dakota 8, 109-11;! 

Horses. 

See Live Stock. 

Hotels. 

Land for sites 7;!, 74, 107 



Indian Allotment Lands 
^Vltliin Forest Reserves. 

Are doubly guarded from unlawful 
occupancy and use ". 84 

Ingress to Forest Reserves. 

Provision for, by settlers 13, 16, 74 

Injnnetion. 

To restrain pasturage of sheep within a 
forest reserve 71-73, 84 

Interior Department. 

Regulations by, under act of June 4, 
1897 (30 Stat., 34-.36). have the force of 
law 101, 102 

Irrigation Pnrposes. 

See Kif/lit." nf lla.v. 

Use of water for, on forest reserves Ki 

Jnrisdietion, Civil and Crim- 
inal. 

Over persons within forest reserves 13,1(5 

LiaAvs (Synopsis of). 

(xeneral 5, 0, 7 

Local 7,8 

L.easing I^ands in Forest 
Reserves. 

Authority for .=>, 73 

Scope of act of Febrnnry 'JS, 1S99 (30 
Stat., 908) 74 

Liieenses. 

Secretarv mav grant 17 



Page. 

Lieu Seleetions for Traels 
in Forest Reserves. 

Act of June 4, 1897 (30 Stat., 3ii) autlior- 

izes 13, 17, 22 

Act of June ti, 1900 (31 Stat., 614), and 

act of March 3, 1901 (31 Stat., 1037). 

amend act of June 4, 1897 (30 Stat.. 

36) 6, 17, 22 

Regulations governing 17. 23-33 

Decisions by the Department of the 

Interior 32, 33 

Aiiproximation of areas 25 

Live Stoek. 

Pasturing of 17, 61-73, 88 

Loeating Mineral Lands in 
Forest Reserves. 

Not prohibited 13, 16 

Hineral Lands in Forest 
Reserves. 

Act of February 20, 1 H96 ( 29 St.vt. , 
11). 
Mineral lands in certain forest re.serves 
in Colorado opened to location, etc . . 7, 113 

Aur OF June 4, 1897 (30 Stat., 35, 
36). 

Xot intended that lands shall be in- 
cluded in forest reserves that are 
more valuable for minerals than for 
forest uses 11, 15 

Development of, not prohibited. . 13, 16, 37, 88 

Land in a forest reserve found to be 
better adapted for mining than for 
forest usage may be restored to the 
public domain 14, 15, 34 

Mineral lands included in a forest re- 
serve shall continue to be subject to 
location and entry in the usual man- 
ner 14, 18, 35 

Use of timber on mining claims 18,37 

Can not be relinquished as bases for 
lieu selections 24 

Wagon roads for benefit of mining 
claims 38 

( I ENERALLY 

Powers of Congress to protect 90-101 

Coal lands are mineral lands within the 

meaning of June 4, 1897 (30 Stat., 35, 36) 37 
Free use of timber by miners 18, 37, 38 

Hinerals, Ineluding Coal. 

E.xcepted from grant made by act of 
February 28, 1899 (30 Stat., 910), to 
the Pasadena and Mount Wilson Rail- 
way Company 108 

;\ational Parks. 

Rights of way across the Yosemite, 
Sequoia and General Grant national 
parks 6, 76, ,83 



118 



j^oticcs. 

Fire warning 

Forest-reserve boundary . 



INDEX. 

Page. 



Object of Forest Reserva- 
tions. 

Specifically stated 11, 15, 51, 87 

Observatories, Astroiioini- 
eal. 

Sites for 10'' 



Orders (Executive) Respect- 
ing Forest Reserves. 

Maybe revoked, modified, orsnspended. 10, 14 

Pasadena and Mount Wil- 
son Railway Company. 

Right of way thro\igli tlie San Gabriel 
Forest Reserve 7, 106 

Pasturing of Live Stock. 

Regulations governint; 17, 61-73, 88 

Payments for Timber. 

See Sales of Forest. Reserve Timber. 



Permits. 

For special purpcises not transferable .. 



84 



Pike's Peak Timber Land 
Reserve. 

Right of way througli, granted to tlie 
Cripple Creek District Railway Com- 
pany 7 " 

Right of way through, granted to the 
Cripple Creek Short Line Railway 
Company 7, i04 

Opened for mining locations by act of 
February 20, 1890 (29 Stat., 11) 7, 113 

Pipe Lines. 

See liiiilittfof Wnij. 

I*luin t'reek Timber Land 
Reserve. 

Opened for mining lociitions by act of 
February 20, 1896 (29 Stat., 11 ) 7, 1 13 

Powers of Congress ( Consti- 
tutional ). 

To control Federal f< )rest reserves iiO 

Private Holdings in Forest 
Reserves. 

See Exdiangr <>J Pviralr IloOdntis in For- 
est Reserves for Ontsidr Tructs. 



Page. 

Proclamations by the Presi- 
dent Creating Forest 
Reserves. 

Issued under autliority of section 24 of 
the act of March 3, 1891 (26 Stat., 1095) . 5, 9 

May be revoked, modified, or sus- 
pended 10, 1 4, 35 

Suspended in certain cases 10 

Prospecting for Minerals. • 

Not prohibited in forest reserves 13, 16, 88 

Free use of timber in connection with. . 13, 38 

Railroads. 

See Riglits of Way. 

Regulations i>y the Interior 
Department. 

Under the ai-tof June 4, 1897 (30 Stat.. 
34-36), have the force of law 101, 102 

Reliefof Bona Fide Settlers 
Avitliin Forest Reserves. 

Provided for in act of April 15. 1902 (32 
Stat., 106) 7,36 

Relinquishment of Private 
Holdings. 

See E.tchange of Private Holdings in For- 
est Reserves for Outside Tracts. 

Renting or Leasing Lands 
in Forest Reserves. 

Authority for 5, 73 

Scope of act of February 28, 1899 (30 
Stat., 908) 74 

Reserves, Forest. 

Authority for establishment 5, 9 

General provisions for administration 
of, provided in act of June 4, 1897 

(30 Stat., 34-36) 5, 9, 14 

Object of 1 1, 15, 51 , 87 

Reservoirs. 

Sites for 6, 7, 17 

See Rif/lits of Wai/. 

Rights of ^Vay. 

GeXEKAL PkOVI.sIONS for, ACROSS 

Forest Reserves. 
Made in act of March 3, 1891 (26 Stat., 

1095) : 75 

Made in act of May 14, 1896 (29 Stat., 

120), for the purpose of generating. 

etc., electric power 75 

Made in act of June 4. 1897 (30 Stat.. 

36) 13,16,17.74,75 

Made in act i.f March 3, 1899 (30 Stat., 

1233) 0,75 

Made in act of February 15, 1901 (31 

Stat., 790) 6,76-83 



INDEX, 



119 



I'Hge. 
Ri;;liti<t of H^ay — rontimied. 
Special Provision kor, acri^ss 
Forest Reserves. 

'I'hc Santa Fi' and Grand Canon Rail- 
road Company allowed to cross tho 
Grand Canon Forest Reserve, in Ari- 
. zona (aetof May IS, 1898; 30Stat.,418). 7, 102 

The Cripple Creek District Railway 
Company allowed to Cross the Pike's 
Veak Timber-Land Reserve, in Colo- 
rado (act of Jnne 27, 1898; 30 Stat.. 
■193) 7, 103 

The Cripple Creek Short Line Railway 
Company allowed to cross the Pike's 
Peak Timber-Land Reserve, in Colo- 
rado (act of Jnly 8, 1898: 30 Stat.. 
7'>9) 7,101 

The Saginaw Southern Railroad Com- 
pany allowed to cross the San Fran- 
cisco Mountains Forest Reserves, in 
Arizona (act of .Tannary 10, 1899; 30 
Stat., 783) 7. lOo 

The town of Flagstaff, Ariz., allowed 
right of way over certain lands in the 
San Francisco Mountains Forest Re- 
serves for a pipe line (act of June 6, 
1900; 31 Stat, 657) 7,105 

The Central Arizona Railway Company 
allowed to cross the San Francisco 
Mountains Forest Reserve, in Arizona 
(actof February 2.5, 1903; 32 Stat. ,907) . S, 108 

The Pasadena and Mount Wilson Rail- 
way Company allowed to cross the San 
Gabriel Forest Reserve, in California 
(actof February 28, 1899; 30 Stat., 910). 7,106 

Special Provision for, Across 
National Parks. 
■Made in act of February lo, 1901 (31 
Stat., 790), as regards the Yosemite, 
Sequoia, and General Grant national 
parks, in California 6. 76-82 



Roa<l!«. 

Through forest reserves 



13,16,17,38,74 



Sa;;iiia^v Southern Railroad 
Company. 

Right of way through the San Fran- 
cisco Mountains Forest Reserves 7, 105 

Sale§ of Fore§l Reserve Tim- 
ber. 

See Timber in Forest licscrves. 

San Oabriel Forest Reserve. 

Right of way through, granted to the 
Pasadena and Mount Wilson Railway 
Company 7, 106 

Sale of certain tracts in, authorized 7, 106 

Sanitariums. 

Land for sites 5, 73, 74 



Page. 

San Franeiseo ]?lounfains 
Forest Reserves. 

Right of way through, granted to the 
Saginaw Southern Railroad Company. 7,105 

Right of way through, for pipe line for 
conveyanceof water to Flagstaff, Ariz. 7,105 

Santa Fe and <iirand Canyon 
Railroad Company. 

Right of way through the Grand (Can- 
yon Forest Reserve 7, 102 

Seliool Lands in Forest Re- 
serves. 

Decisions by the Department of the 



Interior 



33 



Seliools. 

Provisions for. in fi)restreserves.l3,16,17, 83, 84 

Seleetions. 

See Lieu Sckctiiiin' for Tracts in ForcM 
Reserves. 

Seminaries of Learning. 

Sites for '. 7, 106 

Settlers. 

Rehei of bona Jiilf 7,36,37 

In Black Hills Forest Reserve, S. Dak.. 8, 

109-113 

Sheep. 

See Live Storl-. 

South Platte Forest Re- 
serve. 

Opened for mining locations by act of 
February 20, 1896 (29 Stat., 11) 7,113 

Springs (]?Iineral,]Vledieinal, 
ete.),in Forest Reserves. 

Renting or leasing lands in connection 
with 5. 73, 74 

Stations, Railroad. 

Land for 7, 107 

Statutes (United States Re- 
vised) . 

Section 5388 12, 15 

Section 2275 33 

Section 2347 37 

Section 2:352 37 

Stoek (Live). 

Pasturing of 17, 61-73, 88 

Stone, Use of, in Forest Re- 
seri'es. 

Provisions regarding 13, 16, 18, 38-40 



120 



INDEX. 
Page. 



Surveys. 

Of Forest Reserves. 

By United Htates Geoliijfical Survey 5, 

(!, 10, 11,89 

By General Land Offica 5, C, 10, 89 

Of settlers' claims in the Black Hills For- 
est Reserve, South Dakota S, 109-113 

Suspension of Certain For- 
est Reserves Created by 
Proelaniations, Issued 
February 22, 1S97. 

Provision for, in the act of June 4. 1897 

(30 Stat., 34) 10 

Synopsis of I^iaws. 

General fi, fi, " 



Local . 



Telegrapli Purposes. 

See liights af Waij. 

Telephone Purposes. 

See Ei(jhts of TT ay. 

Teton Forest Reserve. 

Operation of act of July 1, 189S (30 Stat. 
618) 



7,8 



ll\43 



Timber in Forest Reserves. 

Free Use of. 

Provisions for, in act of June 4, 1897 (30 
Stat., 35) 13, 16, 18, 38 

Regulations governing 16, 18, 38-44, 88 

Companies and corporations prohibited 
from using forest-reserve timber free 
of cost ' 42 

Operation of the act of July 1, 1898 (30 
Stat., 618). in the Teton Fore.st Reserve 42, 43 

Free use of forest-reserve timber is a 
personal privilege 43 

Free use of forest-reserve timber for 
emergency repair of bridges and high- 
ways 43 

Discontinuance of free use of timber in | 
the Wichita Forest Reserve 44 



Sale of. 
Provision for. in act of June 4. 1S97 
Stat., 35) 



Page. 



12,44 



Timber in Forest Reserves- 

(Vjntiniied. 
Sale of, 

Act of June 6, 1900 (31 Stat., 661), 
amends provisions in act of June 4, 
1897 (30 Stat., 35), respecting sales of 
timber 6,44 

Regulations governing sales of timber. 18-21, 

4.5-61,88 

Timber sales in forest reserves in Cali- 
fornia 45, 4(), 61 

Generally. 

How obtained 88 

LTse of timber on mining claims 13,37,38 

Powers of Congress to protect 90-101 

See nights of Way. 

Trespassing on Forest Re- 
serves. 

Penalties for 15 

Injunction to prevent 71-73. 84 

Powers of Congress to prevent 90-101 

Tunnels. 

See Bii/lits of Wni/. 

Fses of Forest Reserves. 

Public and private 16 



Wagon Roads in Forest Re- 
serves. 

See Rights of Way. 

For benefit of mining claims 



38,83 



IVater Flow. 

Forest reserves for protection of . 11, 15, 51 . s7 



Waters. 

Use of, in forest reserves (i, 

See Right.s of Waij. 



;, 11,16 



^Vieliita Forest Reserve. 

Discontinuance of free use of timlier in . 44 
I 
AVild Cirass in Forest Re- 
serves. 

Permits to cut, lor hay 44 



INDEX. 121 

TABI-K OF CASES CITED, 

Page. 

Bennett, Jorden v. (4 How., 169) 97 

Cash Mine Company 38 

Chotoau, Gibson v. ( 13 Wall., 92) 93, 97 

Crandell, Albert W 43 

Crowder, T. P. (30 L. D., 92) 37 

Crystal Lake Irrigation and Power Company (27 L. D., 315) 75 

Dastervignes et al. v. United States (122 Fed. Rep., 30) 72,85,101 

Dastervignes et al.. United States i'. (118 Fed. Rep., 199) 71,101 

Deal, Luella 82 

Evans, T.J 43 

Fort Leavenworth Railroad Company v. Lowe (114 U. S., 525) 96 

Garcia, Jesus 43 

Gibson r. Choteau (13 Wall., 92) 93,97 

Gosney, E. S. (30 L. D., 44) 35 

Grotiot, United States r. (13 Pet., 526) 93 

Jorden V. Bennett (4 How., 169) 97 

Hamilton Irrigation Company (21 L. D., 330) 75 

Henry, John E. (30 L. D., 158) 35 

Holden, Edward H., sr., United States r 102 

Kendall, Townsend and Walter 114 

Lowe (T. S. C.) etal. (28 L. D., 89) 84 

Lowe, Fort Leavenworth Railroal Company r. (114 U. S., 525) 96 

Mt. Baker Mining Company 38 

Rose Gold Mining and Milling Company 61 

Scott, Dred (19 How., 393) 92 

Shiver 1'. United States (159 U. S., 491) 114 

Smith, Joshua L. (31 L. D., 57) 113 

Southern Pacific Railroad Company (32 L. D., 51) 84 

State of California (28 L. D., 57) 33 

Territory of New Mexico (29 L. D., 365) 33 

Townsend ( Kendall and Walter) 114 

Tygh Valley Land and Live Stock Co., United States v. (76 Fed. Rep., 693) 73 

United States r. Dastervignes etal. (118 Fed. Rep., 199) 71,101 

United States r. Edward H. Holden, sr 102 

United States c. Grotiot (13 Pet, 526) 93 

United States v. Tygh Valley Land and Live Stock Co. (76 Fed. Rep., 693) 73 

Walter (Kendall, Townsend and) 114 

Woodbridge, Jared (29 L. D., 531) 35 

ACTS OF CONGRESS CITED AND CONSTRUED. 
GENERAL LAWS. 

March 3, 1875 (18 Stat., 482) 103,104,105,107,108 

Februarys, 1887 (24 Stat., 4S8) 84 

June 4, 1888 (25 Stat., 166) 12, 15 

March 3, 1891 (26 Stat., 1095) 5,9,75 

January 21, 1895 (28 Stat., 63.5) 77 

February 20, 1896 (20 Stat., 11) 7, 113, 114 

May 14, 1896 (29 Stat., 120) 76 

February 24, 1897 (29 Stat., 594) 6,15,85 

June 4, 1897 (30 Stat., 34-36) 5,9,14,23,74,75,84,89 

May 11, 1S98 (30 Stat., 404) 75 

July 1, 1898 (30 Stat., 618) 42 

February 28, 1S99 (30 Stat, 908) 5,73 

March 3, 1899 (SO Stat., 1095) 5, 89, 100 

March 3, 1899 (30 Stat, 1097) 6, 89 

March 3, 1899 (30 Stat., 1233) 6,75 

February 9, 1900 (31 Stat, 21) 5,89 

May 5, 1900 (31 Stat., 169) 6,15,85,88 

June 6, 1900 (31 Stat., 614) 5,6,17,22,24,89 

June 6, 1900 (31 Stat., 661) 6, 18, 44 

February 15, 1901 (31 Stat., 790) 6,76-83 

March 3, 1901 (31 Stat, 1037) 5,6,17,22,24,89 

8327—03 9 



122 ^ INDEX. 

Page. 

March 3, 1901 (31 Stat. , 1158) 5, 89 

April 15, 1902 (32 Stat., 106) 7, 36 

June 28, 1902 (32 Stat., 452) 5,89 

March 3, 1903 (32 Stat., 1115) 5, 89 

LOCAL LAWS. 

February 20, 1896 (29 Stat., 11) 7,113,114 

May 18, 1898 (30 Stat., 418) 7, 102 

June 27, 1898 (30 Stat., 493) 7, 103 

July 8, 1898 (30 Stat., 729) 7, 104 

• January 10, 1899 (30 Stat. ,783) 7, 105 

February 28, 1899 (30 Stat., 910) 7, 106 

March 3, 1899 (30 Stat., 1095) 8, 109 

June 6, 1900 (31 Stat., 657) 7,105 

February 25, 1903 (32 Stat., 907) 8,108 







LEJL'09 



